Mrs Adaku Mbama, pioneer chairperson and chairperson emerita of the International Federation of Women Lawyers (FIDA), Badagry Branch, says consent remains central to lawful sexual relations.
Speaking with reporters in Lagos on Sunday, Mbama said Nigerian laws criminalise sex without consent, prescribe penalties ranging from four years to life imprisonment, and recognise spousal rape under the Violence Against Persons (Prohibition) Act (VAPP Act).
She urged faster prosecutions, stronger victim support, greater public awareness and respect for boundaries to strengthen justice and deter sexual offences.
Under the Criminal Code, Penal Code and the VAPP Act, she said, consent must be voluntary, informed and ongoing. A clear refusal, coercion, intimidation, fraud, intoxication, unconsciousness or mental incapacity invalidates consent.
Continuing sexual activity after an express refusal or withdrawal of consent constitutes rape or sexual assault, depending on the nature of the act.
“Rape involves non-consensual penetration, while unwanted sexual acts without penetration amount to sexual assault under the VAPP Act.
“Courts consider victims’ testimony, surrounding circumstances and available evidence in determining whether consent existed.
“The law does not require physical injuries or resistance before a rape allegation can be sustained.
“Marriage, previous sexual relations or dating do not amount to automatic consent for future sexual activity,” she said.
Before the 2015 VAPP Act, the Criminal Code recognised a marital exemption that made it difficult to prosecute a husband for raping his wife. Under the VAPP Act, a spouse can now be prosecuted for raping a partner.
Consent can be withdrawn at any stage; continuing after withdrawal is an offence.
Rape attracts life imprisonment under the Criminal Code and between 12 years and life imprisonment under the VAPP Act, depending on the applicable law. Sexual assault without penetration attracts imprisonment and fines; offenders may also be ordered to compensate survivors.
Despite the stiff penalties, under-reporting, stigma, family pressure, slow prosecution, evidence challenges and weak enforcement continue to undermine deterrence. Distrust of law enforcement, fear of retaliation, financial constraints and lack of awareness of legal protections remain major barriers to reporting.
Mbama commended reforms under the VAPP Act, specialised sexual offences courts, the Domestic and Sexual Violence Response Team (DSVRT), FIDA and NAPTIP. She called for more specialised courts, victim-centred policing, witness protection, one-stop support centres and sustained public enlightenment on consent.
She 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.
“Consent is not a contract but an ongoing conversation. If you are unsure, ask. If someone says ‘No’ or ‘Stop’, you must stop immediately,” she said.
Similarly, Mr Chukwuemeka Dike, a barrister and technology, privacy and human rights advocate, said valid consent must be voluntary, clear and continuous. Ignoring a refusal constitutes rape under Nigerian law.
Consent must be unequivocal, personal and voluntary. Silence, previous intimacy or lack of resistance never amounts to consent for subsequent encounters. Minors and persons of unsound mind cannot legally give consent; any purported consent obtained from them is invalid.
The VAPP Act implies that consent can be withdrawn during a sexual encounter; continuing after a clear refusal can attract rape prosecution.
Public enlightenment is needed to dispel the misconception that marriage, dating or previous intimacy automatically implies consent. While legal provisions on marital rape differ under the Criminal Code, Penal Code and VAPP Act, the latter has broadened protection against non-consensual sexual acts.
Survivors are entitled to medical, psychological, legal and rehabilitation support, compensation, privacy protection and access to education or vocational opportunities.
Ignorance of legal rights, stigma, victim-blaming and weak law enforcement remain major obstacles to justice. Dike urged governments, law enforcement agencies, schools, families and the media to intensify public sensitisation, strengthen prosecution, improve survivor support services and promote respect for sexual boundaries.
