THE CRIMINALISATION OF MARITAL RAPE IN NIGERIA: A LEGAL DISCOURSE
Abstract
This project focuses on the criminal aspects of marital rape and examines the laws regarding marital rape in South Africa and the general rape provisions in Nigeria. While marital rape is punishable under South African criminal law, it is not in Nigeria. This research aims to contribute to a deeper understanding of the multifaceted issues surrounding the criminalisation of marital rape in Nigeria, offering insights that can inform legal reforms, policy interventions, and advocacy efforts aimed at promoting gender equality and ending all forms of violence against women.
The study employed a doctrinal research methodology that ensured a thorough evaluation of primary and secondary sources of data and was used to cover the legal framework, judicial precedents, and legislative lacunae, highlighting gaps and challenges in addressing marital rape. The data obtained from these sources was critically analyzed to assess the marital rape practices in Nigeria and to make appropriate recommendations.
The findings of the study when comparing the criminalisation of marital rape in Nigeria with the United States, South Africa, India, and Korea highlight significant differences in legal frameworks, societal attitudes, and the prevalence of gender-based violence. Furthermore, it is found that the study noted that gender-based violence remains prevalent in all countries, with challenges including underreporting and weak enforcement. However, opportunities for reform exist through legal amendments, awareness campaigns, and support services. Despite progress, ensuring effective enforcement and changing societal attitudes remain ongoing challenges.
As a result, the study put forward recommendations for a more effective legal framework that can facilitate rapid the criminalisation of marital rape in Nigeria, recommendations for reform include advocating for legislative amendments, judicial sensitization, public awareness campaigns, support services, and data collection initiatives. Urgent action is needed to protect survivors' rights and uphold principles of gender equality and human dignity within marital relationships.
Keywords:
Full-Text Access Notice
In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication.
During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.