Monday, November 9, 2015

Can We Say There Is Rape In Marriage? by Adrian Udeh

Rape is a sexual intercourse without consent. So, whether you are married or not, when there is no consent, there is no consent. The law does not recognise it, In northern Nigeria and the Federal Capital Territory, Abuja according to Section 282(2) of the Penal Code Act (PCA), Cap P3, Laws of the Federation of Nigeria, 2004, (LFN), sexual intercourse by a man with his own wife is not rape so long as she has attained puberty. But there
is actually rape in marriage. If a husband says he loves his wife, then there will be no need for rape in marriage because if she is not in the mood and says she doesn’t want it, he will respect those boundaries. That is what makes a relationship; the fact that they are married does not mean she is not a person anymore. The man can also say no if he isn’t in the mood. If the woman wants it, she should respect that. The husband should put the wife’s interest first and the wife should also put the husbands interest first. That is how a loving relationship should work.
                Is there rape in marriage? Yes. But does the domestic law recognise it? No. But interestingly the Protocol to the African Charter on Human and Peoples’ Rights on the rights of women in Africa defines violence against women to include all acts perpetrated against women which could cause physical, sexual, psychological and economic harm in private or public life. “Private life” refers to the domestic arena including marriages and relationships. Nigeria has ratified this protocol.
Based on the current statistics, women are more vulnerable to rape.
Article Written By Adrian Wealth

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