ADVOCACY FOR THE ABOLITION OF MARITAL RAPE IMMUNITY IN NIGERIA: A COMPARATIVE ANALYSIS OF NIGERIA AND THE UNITED STATES OF AMERICA

Abstract

Human beings are an indispensible component of a society whose bedrock lies in the family units and whose roots in turn lie ideally in marriages. Consequently, if the society must develop and endure, the family units and their marriages must be preserved and protected. Marriage, the type notwithstanding, is a globally respected and recognized contractual institution which confers status, rights and obligations. Important among the rights also known as consortium is the right to sexual intercourse by the couples resulting from the mutual matrimonial consent and contract which is non-retractable except by divorce, dissolution of marriage or decree of separation. This hitherto age-long non-retractable consent constitutes the foundation of marital rape immunity by which a husband cannot be prosecuted for raping his wife in Nigeria. However, there are calls in recent years, against the law, cultural and religious beliefs in Nigeria for the removal of marital rape exemption due to agitations and the outlaw of marital rape immunity in some jurisdictions like the United States. Through the doctrinal approach, this article observes that such advocacies founded on what obtains in the western world which is against the cultural and religious beliefs of Nigerians are capable of disintegrating the bedrocks of the family and society and which will eventually cause negative consequences in Nigeria in the long run. The article recommends the sustenance of pro-marital rape exemption statutes and the repeal/amendment of statutes that are indifferent or partially supportive of marital rape criminalization in Nigeria.