Can a husband Rape his wife?

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You have asked quite a sensitive question. This is because each day several women across the globe are becoming rape victims. In most countries, rape is a felony, a crime that comes with severe punishment, sometimes a death sentence or life imprisonment.

Before I answer your question I'll like to briskly define rape. Rape is the act of having unlawful carnal knowledge of a woman without her consent or in cases where such consent is obtained by fraud or by threats.

Now to your question: the question of whether a husband can rape his wife or not is strictly a legal matter. Under some jurisdictions, if a husband sleeps with his legal wife without her consent, the man may be prosecuted for rape. Whereas, in some other jurisdictions a husband cannot be prosecuted for rape even if he forces his wife into sexual intercourse. The latter jurisdiction assumes that a husband has a right to have sex with his wife even if such action is against the will of his wife.

To further elaborate my point, permit me to quote the definition of rape under the Nigerian Criminal Code.

> The Nigerian Criminal Code in Section 357 states that, “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 threats or intimidation of any kind, 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 Nigerian Criminal Code goes further to explain unlawful carnal knowledge as that which takes place otherwise than between husband and wife; and the offence is complete upon penetration. In other words, marital rape is not an offence in Nigeria.

In contrast, beginning from the 1930s most of the states in the US introduced marital rape into their laws. Today, all the 50 states of the US have laws that recognize marital rape. This makes it a crime for a husband to have sex with his wife without legally obtaining her consent.

So, to answer your question, it is possible for a husband to have sex with his wife without obtaining her consent. But whether the case will be treated as rape or not depends on the laws of the land. In the United States, it is possible for a man to rape his wife and even go to jail for his actions. Whereas, in Nigeria, a husband cannot rape his wife in the eyes of the law.

I hope this answers your question. Regards.