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Rape Obscene

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

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 )

Nigeria

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