ABSTRACT
Violence Against Women (VAW) stands as one of the major human rights violation in Nigeria. Spousal Rape, one of the most prevalent and grievous form of VAW is however not recognised as a crime in Nigeria infact under the country’s criminal code, Section 357 defines rape as non-consensual sex committed outside of wedlock, thereby exempting rape within marriage from the scope of criminal acts, this is the same position attainable under the penal code. All over the world, many countries including African countries have enacted laws to criminalise the act so that perpetrators can be duly prosecuted and sentenced if found guilty. Ironically, several international and regional human rights instruments ratified by Nigeria have recognised it as a human rights violation that infringes upon women’s fundamental human rights. This paper examines these human rights instruments and further discusses the several rights violated by Spousal Rape. The intent is to advocate for the protection of the fundamental rights of women in the country by exposing the dire need for a quick review of existing legislation on sexual offences to include spousal rape as part of the broader project of ending gendered violence. A qualitative approach will be used in carrying out this research, references shall be made to case laws, statutes and conventions relevant to this subject. Books, journals, internet sources, thesis materials, newspaper and reports will also be consulted.
Keywords: Spousal or Marital Rape, Fundamental Human Rights, Violence against Women, Nigeria, International Law