Spousal rape in a globalized world

Abstract

Sexual relations and activities abound between people all over the world and most times many of these activities are not illegal. However, the absence of consent of one of the participant may turn the table around making such act illegal and a crime that attracts heavy penalty. Law is dynamic; our laws keep changing as society changes. However, one area of our law that has refused to catch up with the societal change and need is our law on rape. Rape is usually referred to as the gravest and most serious form of sexual assault and is indeed one of the crimes involving emotional issues as the dignity of the raped victim is usually at stake. Rape depicts an instance where a man has forceful sexual intercourse with a woman without her consent or with her consent if such is gotten by force, threat, fraud, deceit, impersonation or intimidation. Spousal rape though not defined as a crime in Nigeria is highly debatable with different views held by different people. This paper discusses spousal rape and the resultant effect of its criminalization or non criminalization. The paper furthers suggests essential reforms to achieved the desired objectives.

Keywords: Spousal Rape, Marital Rape, Consent, Sexual Intercourse, Crime