Sign in
Download Opera News App

Public Safety

 

Crime Justice

 

Rape Obscene

Can A Man Rape His Wife? My Answer = No. Facts I Relied On, What's Your Take

The issue of Rape is on the burning table at the moment. As every day we hear cases of rape or sexual assault. I am here to take a slight drift from the constant issues surrounding rape to a new front with the question Can A Man Rape His Wife?

To begin the discussion, we must first define Rape.

(Picture used for illustrative purposes only)

According to section 357 of the criminal code, any person who has unlawful carnal knowledge of a woman or girl, without her consent , or with her consent , if the consent is obtained by force or by means of threat or intimidation of anykind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman by personating her husband is guilty of an offence which is called rape.

Section 6 of the criminal code defines unlawful carnal knowledge as that which takes place otherwise than between husband and wife.

Section 281 penal code has a similar provision.

(Picture used for illustrative purposes only)

Legally speaking in Nigeria going by this definition of rape it is obvious that a man can not be said to have raped his wife. Traditionally, in most African traditions it is funny for a wife to accuse the husband of rape because of the believe that ones a man pay a pride price he automatically has rights over the wife which includes conjugal rights.

For Christians take a view on your free time at 1st Corinthians 9



It is assumed that the wife gives implied general consent to sexual intercourse with her husband upon entering the marriage comtract, which she can not retract.

The Famous English Jurist, Sir Matthew Hale (1609 -1676), stated the position of the common law in "The history of the pleas of the crown (posthumously, 1736)" That a husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind to her husband which she cannot retract.

For now under the Nigerian Criminal law, a man may be charged for sexual assault depending on the circumstances under which he had sexual intercourse with his wife, but he can not be charged for raping his wife.

Well i believe everyone has his own view about this topic, for the feminist a woman should have total control of her body including the right to determine when and how to consummate her marriage. To some others this view could be against all religious and traditional norms.

Bear also in mind that lack of consummation of marriage is a ground for divorce under the matrimonial causes Act.

At this point i seek your views on this issue.

Why should a woman deny her husband sex?

Should he forcefully take it ?

Note, it is not my views to promote sexual or domestic violence. Only bringing out the position of the law on sensitive matters such as domestic rape. It is my view that we analytically criticize or discuss the law and also path a way forward.

comment, share and like this article. I want to know your take.

Content created and supplied by: KENNYVIBES22 (via Opera News )

Rape

COMMENTS

Load app to read more comments