Abuja: Mrs. Adaku Mbama, the pioneering chairperson and chairperson emerita of the International Federation of Women Lawyers (FIDA), Badagry Branch, has underscored the central role of consent in lawful sexual relations. Speaking with the News Agency of Nigeria (NAN) in Lagos, Mbama highlighted that Nigerian laws criminalize non-consensual sex with penalties ranging from four years to life imprisonment, including the recognition of spousal rape under the Violence Against Persons (Prohibition) (VAPP) laws.
According to News Agency of Nigeria, Mbama urged for quicker prosecutions, enhanced victim support, increased public awareness, and respect for personal boundaries to strengthen justice and deter sexual offenses. She emphasized that under the Criminal Code, Penal Code, and the VAPP Act, consent must be voluntary, informed, and continuous. Any clear refusal, coercion, intimidation, fraud, intoxication, unconsciousness, or mental incapacity invalidates consent under these laws.
Mbama clarified that continuing sexual activity after an express refusal or withdrawal of consent constitutes rape or sexual assault, depending on the act. She explained that rape involves non-consensual penetration, while unwanted sexual acts without penetration amount to sexual assault under the VAPP Act. Courts consider victims’ testimonies, surrounding circumstances, and available evidence to determine the existence of consent. The law does not require physical injuries or resistance to sustain a rape allegation, and marriage, previous sexual relations, or dating do not amount to automatic consent for future sexual activity.
Before the 2015 VAPP Act, the Criminal Code’s marital exemption made it difficult to prosecute husbands for raping their wives. However, under the VAPP Act, spouses can be prosecuted for raping their partners. Consent can also be withdrawn at any stage, and continuing sexual activity after consent is withdrawn constitutes an offense. Rape attracts life imprisonment under the Criminal Code, and between 12 years to life imprisonment under the VAPP Act, while sexual assault without penetration results in imprisonment and fines, with the possibility of compensating survivors.
Despite stiff penalties, under-reporting, stigma, family pressure, slow prosecution, evidence challenges, and weak enforcement continue to undermine deterrence. Mbama identified distrust in law enforcement, fear of retaliation, financial constraints, and a lack of awareness of legal protections as barriers to reporting. She commended the reforms introduced through the VAPP Act, specialized sexual offenses courts, the Domestic and Sexual Violence Response Team (DSVRT), FIDA, and NAPTIP but called for more specialized courts, victim-centered policing, witness protection, one-stop support centers, and sustained public enlightenment on consent.
The legal practitioner urged men to respect boundaries, women to report violations, and young people to understand that consent must be freely given, informed, and can be withdrawn at any time. She emphasized that consent is not a contract but an ongoing conversation, advising individuals to stop immediately if someone says “No” or “Stop.”
Similarly, Barrister and Tech, Privacy, and Human Rights Advocate Mr. Chukwuemeka Dike reiterated that valid consent must be voluntary, clear, and continuous, warning that ignoring refusal constitutes rape under Nigerian law. He emphasized that silence, previous intimacy, or lack of resistance never amounts to consent for subsequent encounters. Dike noted that minors and persons of unsound mind cannot legally give consent, and any purported consent obtained from them remains invalid under the law.
Dike pointed out that the VAPP Act implies that consent can be withdrawn during an encounter, with continuing after a clear refusal attracting rape prosecution. He stressed the necessity of public enlightenment to dispel misconceptions about marriage, dating, or previous intimacy implying consent. While legal provisions on marital rape differ under the Criminal Code, Penal Code, and VAPP Act, the latter broadens protection against non-consensual acts. Survivors are entitled to medical, psychological, legal, and rehabilitation support, compensation, privacy protection, and access to education or vocational opportunities.
Dike identified ignorance of legal rights, stigma, victim-blaming, and weak law enforcement as major obstacles preventing survivors from obtaining justice. He urged governments, law enforcement agencies, schools, families, and the media to intensify public sensitization, strengthen prosecution, improve survivor support services, and promote respect for sexual boundaries.