Opera News

Opera News App

Understanding the law of rape under Nigeria legal system;can a husband be guilty of raping his wife?

Jamesokogba
By Jamesokogba | self meida writer
Published 7 months ago - 0 views

Rape is a gender discriminatory offence that can be committed by a man upon a woman. The issue of rape has become a major issue facing Nigeria society. The offence of rape is captured under section 357 and 282 of the criminal and penal code respectively.. Rape is which is gravest form of sexual assault, is any form of nonconsensual carnal knowledge of a girl or a woman,the perpetrator of such act faces up to life imprisonment.. For there to be rape,two basic ingredients must be proved before the court,these are:(1)forceful penetration,(2)There must be lack of prior consent. can a husband be guilty of rape when he has intercourse with his wife without consent?section 6 of the criminal code, laws of federal republic of Nigeria states:unlawful carnal knowledge is a connection that takes place other than between husband and wife 'a close examination of this provision shows a husband does not fall within the ambit of one who can be said to have had unlawful carnal knowledge of his wife, even without consent. That is to say;where a husband has forcibly had intercourse with the wife,he can't be guilty of rape,however, he can be charged for assault. The rule that a husband cannot be guilty of rape is not an absolute rule,it is subjected to some exceptions;(1)when there is judicial separation (2)where a court has issued a decree nisi pending absolute..

Content created and supplied by: Jamesokogba (via Opera News )

Tags:      

Nigeria
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform

YOU MAY LIKE

Which Of This Punishment Do You Experience In Your School Days?

24 minutes ago

1 🔥

Which Of This Punishment Do You Experience In Your School Days?

Photos: Classy And Trendy Ankara Gown Styles For All Fashionista

44 minutes ago

6 🔥

Photos: Classy And Trendy Ankara Gown Styles For All Fashionista

Checkout a Lady's Throwback and Present Photos About her Changes, that Got People Talking Online

49 minutes ago

25 🔥

Checkout a Lady's Throwback and Present Photos About her Changes, that Got People Talking Online

Checkout Photos Of A "Masquerade That Looked Like A Bird" I Saw Today In A Burial In Imo State

57 minutes ago

71 🔥

Checkout Photos Of A

Man city team news, headlines and statistics ahead of Man united clash on Sunday

1 hours ago

7 🔥

Man city team news, headlines and statistics ahead of Man united clash on Sunday

Today Is 5th Of March. 2021, Say This Short Prayer For God To Fight All Your Hidden Battles

1 hours ago

52 🔥

Today Is 5th Of March. 2021, Say This Short Prayer For God To Fight All Your Hidden Battles

Stream through this collection of 30+ HD wallpapers

1 hours ago

5 🔥

Stream through this collection of 30+ HD wallpapers

Reactions Immediately A Guy Shared His Picture When He Was Travelling Out Of The Country And Now.

1 hours ago

79 🔥

Reactions Immediately A Guy Shared His Picture When He Was Travelling Out Of The Country And Now.

Nigerians React As A Witness Said EFCC Re-looted 222 Assets Recovered From Maina Valued For N1.63tn

1 hours ago

43 🔥

Nigerians React As A Witness Said EFCC Re-looted 222 Assets Recovered From Maina Valued For N1.63tn

Morning Prayer For Friday 5th March, 2021

1 hours ago

17 🔥

Morning Prayer For Friday 5th March, 2021

COMMENTS