VIOLENCE AGAINST THE PERSONS (PROHIBITION) ACT AND MARITAL RAPE IN NIGERIA: A COMPARATIVE ANALYSIS

ABSTRACT Marital rape is a silent yet pervasive form of sexual violence that continues to go unrecognized in many legal systems, including Nigeria’s. Rooted in patriarchal traditions that treat marriage as perpetual consent, the Nigerian legal framework has consistently failed to acknowledge the autonomy and bodily integrity of married women. This long essay adopts a doctrinal approach and comparative analysis of the legal stance on marital rape in Nigeria, focusing on the Violence Against Persons (Prohibition) Act (VAPP Act) 2015. The research methodology involves a review of relevant literature and legal documents, including the provisions of the Criminal Code and the Violence Against Persons Prohibition Act. The findings of this study reveal that marital rape is not recognized as a crime in Nigeria and without explicit legal recognition of marital rape, victims remain legally and socially unprotected, often unable to access justice due to financial constraints, institutional reluctance, and societal stigma. While the Criminal Code provides some provisions for sexual offenses, it does not specifically criminalize marital rape. The Violence Against Persons Prohibition Act, which was enacted in 2015, criminalizes various forms of domestic violence, including marital rape. The study also reveals that the Nigerian legal framework for addressing marital rape is not as extensive as that of other jurisdictions, such as the United Kingdom and South Africa. The Nigerian Government should amend the VAPP Act to explicitly criminalize marital rape, ensure full domestication across all states, and provide access to legal aid, support services, and public education. Only then can survivors of marital rape be guaranteed justice, safety, and dignity.