Beyond Consent: Examining the Legal and Social Complexities ofIntimate Partner Rape in Nigeria and Comparative Jurisdictions

This article uses Joan’s experience—where initial consent was withdrawn under threats and  abuse—to explore the legal and moral complexities of intimate partner rape in Nigeria. It  questions whether true consent can exist under coercion within relationships. The article  examines relevant laws like the VAPP Act and Criminal Code, as well as judicial interpretations  of consent, especially in cases involving manipulation and fear. It ultimately calls for a trauma informed, nuanced approach to consent, and urges legal reforms to better address non conventional rape within intimate partnerships. 

Keywords: Consent Gotten from Fear, Intimate Partner Sexual Abuse IPSA, Rape, VAPP Act,  Criminal Code.  

INTRODUCTION  

Although Perceived as a grey area in Nigeria, Intimate Partner Sexual Violence (IPSV) is a  global pandemic. It has been estimated that in a group of three women one out of them has most  likely experienced IPSV or Non-Partner sexual violence in their lifetime. 1 This portrays that  80% of women worldwide have been sexually violated at one point in their life by either  strangers, trusted friends, family, intimate partners or even spouses. 

However, for the sake of this article we shall be examining the act of sexual violence from  intimate partners. Sexual violence refers to any sexual act or other acts directed against a person sexually by another, regardless of their relationship to the victim in any setting.2 One might then  begin to wonder, what is Intimate Partner Sexual Violence? Is it even a real thing? Do people  experience it? If yes why is it hardly heard of?  

Intimate Partner Sexual Violence is a form of Intimate Partner Violence (IPV). IPV essentially  refers to abusive behaviours committed by a current or former intimate partner. These behaviors  include physical, sexual, psychological, emotional or economic violence.  It basically refers to non-consensual sexual acts occasioned through force, coercion or  manipulation within a relationship.3 Sexual violence is an act experienced by both the male and  female genders. However, women have been statistically proven to usually bear the burnt of this  act. This is because globally men are predominately the perpetrators of sexual offenses and  women are usually the victims as illustrated in recent figures – CPS through E&W highlighted  that 98% of those prosecuted for the most serious sexual offenses were males, with females  accounting for 84% of the victims.4 There are multitude of reasons to explain low rate of  reporting IPV. These are ranging from the fear of being disbelieved, trauma associated with  reliving the offense during police questioning, low likelihood of attaining justice and socially  embedded misconceptions which lead survivors to blame themselves for their rape.5

THE ISSUE OF PERCEPTION 

Public Perception  

• Many people still believe that rape or sexual assault cannot occur within a relationship or  marriage. In Nigeria, sex in marriage is deemed lawful regardless of the existence or lack  of consent.  
• Survivors of IPSV question whether their experience counts as rape.  
• Social stigma, shame and misconceptions about marital rights contribute to silence. The  society also reinforces the males entitled feeling to sex and the idea that women owe their  partners intimacy.  
• Society tends to recognize ‘real rape’ as an act committed by a ‘stranger’ and not a  partner, thereby making IPSV seem less serious or ambiguous.  
• Society disregards a claim of IPSV on the ground that the victim had already given her  initial consent and is most probably on a revenge mission to taint the partners reputation  due to misunderstandings between them.  

Legal Recognition  

Unlawful Carnal Knowledge means Carnal connection which takes place otherwise that between  husband and wife.6  

Although Intimate Partner Rape is recognized as a crime, legal systems like the police and the  court still treat it as a less serious crime compared to rape carried out by strangers. Intervention  orders of protection often exclude sexual violence allegations due to evidential challenges or  fears by survivors. This is because proof of lack of consent is difficult when parties share a  sexual history. 7 

FORMS OF INTIMATE PARTNER SEXUAL VIOLENCE  

IPSV is carried out through a wide spectrum of acts inclusive of which are emotional  manipulation, blackmail, threats, reproductive coercion and most importantly Rape. As propounded by Lord Denning, ‘You cannot put something on nothing and and expect it to  stand’. 8 This goes to say that, one cannot effectively talk about Intimate Partner Sexual Violence  without discussing the offense of rape. It’s like discussing a concept without understanding the  Foundation of the concept.  

Rape therefore, refers to the lawful and non-consensual carnal knowledge of a person. In  Nigerian laws, the legal definition of rape is found in both the Criminal Code and the Penal Code amongst others.9In Nigeria the criminal code applies to the Southern part of the nation, while the  Penal code applies to the northern part of the nation. The Criminal Code defines it as thus;  ‘Any person who has unlawful canal 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 or harm or by means of false or fraudulent representation to the nature of the act, or  in the case of a married woman, by impersonating her husband is guilty of rape’.  This essentially means that rape refers to;  

• Sexual acts between unmarried people without the consent of the female. 
• Consented acts which are consented to due to fear, threat, intimidation, force or  fraudulent representation as to the nature of the act.  
• One with a married woman gotten by impersonating her husband.  

By virtue of the Penal Code, the act of having sexual intercourse with a girl less than 14 years or  a girl with an unsound mind, with or without her consent amounts to rape(statutory).  In 2015, the Nigerian Act- Violence Against Persons (Prohibition) Act (VAPP Act) defined rape  as a non-consensual sexual penetration or penetration with consent obtained through force,  threat, intimidation or deception. 10 The punishment for this crime according to the VAPP Act  amounts to life imprisonment. In the Criminal Code it is also life imprisonment with the addition  or removal of canning. The Penal Code propounded differently by reducing the maximum  punishment for rape to 14 years imprisonment with fine.  

In the United Kingdom, the Sexual Offences Act broadened the meaning of rape. This act  defined rape as a situation where a person intentionally penetrates the vagina, anus, or mouth  of another with their penis, without the victims consent and without a reasonable belief that  they are consenting.11 Here, the maximum sentence for rape was also legislated to be life  imprisonment depending on the facts of the case and, the aggravating and mitigating factors.12 The ability of a claimant to succeed in a claim of rape, depends on the proof of the elements  beyond reasonable doubt. These elements include;  

1. The proof that carnal knowledge of the lady was had  
2. The act was unlawful  

This essentially means that the act was done outside the domain of marriage as held in R  v Chapman.13 

3. There was penetration  

The main element of rape is penetration and this is complete the moment the male organ  touches the labia minora (outer folds of the female genitals). In Iko v State,14 The  Supreme Court of Nigeria upheld a rape conviction where the appellant, a taxi driver,  forcefully assaulted the victim in his car and at his home. The Court emphasized that the  burden of proof of rape lies with the prosecution and held that medical evidence showing  injury to the labia minora was sufficient to prove penetration. It reaffirmed that under  Nigerian law, even minimal penetration constitutes rape. 

In the proof of penetration, full and complete sexual intercourse is not required nor is it’s  proof. The mere fact that the prosecutrix (female complainant) is a virgo intact (virgin)  does not also mean that carnal connection has not taken place.15 In R v Hughes,16 the  court held that to secure a conviction for rape, it is not necessary to prove that the hymen  of the prosecutrix was ruptured. The key element is non-consensual penetration, not  physical injury to the hymen.  

At this point it is imperative to state that when one assists a rapist, especially after  penetration, the person effectively becomes a party to the offense regardless of the  gender. In Regina v Cogan & Anor.,17 the court held that a person can be convicted of  aiding and abetting rape even if the principal offender is acquitted. Cogan was acquitted  after claiming he believed there was consent, but Leak, who facilitated the rape and  participated, was convicted. The case established that complicity does not require the  principal’s conviction, only that the accomplice intentionally assisted in the crime. Where penetration is not or cannot be proved, it effectively becomes a case of attempted  rape and in extension, Attempted Intimate Partner Sexual Violence. In the case of R v  Offiong, 18 the accused was charged with attempted rape, having taken significant steps  toward committing the offence without completing it. The court held that for a  conviction, it must be proven beyond reasonable doubt that the accused intended to complete the act. Mere preparation was deemed insufficient, and a clear intention to  commit rape must be established.  

Attempted rape carries a sentence of up to 14 years imprisonment,19 with or without  whipping.  

4. Lack of consent  

The Sexual Offences Act emphasizes that consent must be given freely and that the belief  in consent must be both honestly held and reasonable in the circumstances.20 Consent  refers to a free and voluntary agreement to engage in a sexual activity. In legal terms,  lack of consent is a key element that defines rape. If consent is absent, or if it is obtained  through deception, intimidation, or while the person is incapacitated, the consent is  regarded as invalid and the action, rape. For constant to be valid it must be  

• Given voluntarily, it must be without force, threats or coercion. In the case of R v  Olugbaija, 21 the complainant was misled and taken to a bungalow where she was  forced into sexual intercourse. Though she didn’t physically resist, she complied  out of fear. The defendant appealed on grounds of jury misdirection on the  meaning of consent. The Court of Appeal upheld the conviction, clarifying that  submission due to fear does not equate to consent. The case established a key  legal distinction: consent must be freely given, while submission stems from fear  or coercion and it’s not regarded as a valid consent.  
• Informed, meaning the person understands what they are consenting to. 
• Specific to the particular act (consent to one act doesn’t imply consent to  others). In the case DPP V Coko,22 The court held that consent to foreplay does  not imply consent to penetration, emphasizing that consent must be clear, specific,  and ongoing for each sexual act.  

In Nigeria however, once consent is given at the initial stage and not verbally  withdrawn it covers every other sexual action.  

• Given by someone with capacity so the person must be of legal age and  mentally capable. The Child’s Right Act provides that an under 18 girl is  incapable of consenting to sexual relationship. Also the criminal code provides  that a girl child under the age of 13 is incapable of giving a valid consent. In the  Penal code however, this is limited to 14 years old girls. 23

The issue of implied consent in relationships  

Perpetrators of intimate partner rape often rely on the defense of implied consent whilst claiming  rights on the ground of their relationship status. Husbands cite marital rights, while boyfriends  assume continuous access to their partner’s bodies. However, courts reject this notion. In State v Eniola 2425 the defendant was sentenced to life imprisonment for raping his girlfriend.  The judge condemned the act as “ferocious and animalistic” and emphasized accountability,  ordering the convict’s inclusion in the state’s sex offenders’ register under the VAPP Act.   

Conclusion and Recommendation  

Rape is a severe form of intimate partner sexual violence (IPSV), often underreported due to  stigma and legal gaps. Regardless of relationship status, it violates bodily autonomy and  constitutes a crime. Addressing IPSV requires more than prosecution—it demands  comprehensive education on consent, judicial training on affirmative standards, survivor  centered legal processes, and legislative reform. These steps are crucial to close existing gaps  and ensure the safety, dignity, and protection of survivors within intimate relationship  

Bibliography  

Cases  

1. Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (main and supplementary  judgment) (248/2022) [2024] ZASCA 59; 2024 (2) SACR 113 (SCA); [2024] 3 All SA 674  (SCA) (SCA, 24 April 2024)  
2. Iko v State(2001) 68 FWLR 1161 (SC)  
3. Macfoy v United Africa Co Ltd [1961] 3 All ER 1169 (PC)  
4. R v Chapman [1997] ZASCA 45, (2008) 3 SCA 341  
5. R v Hughes (1841) 9 C & P 752  
6. R v Offiong(1936) 3 WACA 8  
7. R v Olugboja [1982] QB 320 (CA)  
8. Regina v Cogan & Leak [1976] QB 217 (CA)  
9. State v Eniola Waisu Ibrahim (Unreported, Lagos High Court, 20 June 2023)  

Legislation  

10. Child’s Rights Act 2003, s 18  
11. Criminal Code Act 2004, ss 6, 218, 357, 359  
12. Penal Code Act 1960, ss 282, 283  
13. Sexual Offences Act 2003, s 1  
14. Violence Against Persons (Prohibition) Act 2015, s 1  

Journal Articles and Academic Sources  

15. Emeka OC and Emejuru CT, ‘An Appraisal of the Jurisprudence of Spousal Rape in Nigeria’  (2015) 1 DJLCR 2  
16. Hulley J and others, ‘Intimate Partner Violence and Barriers to Help-Seeking among Black,  Asian, Minority Ethnic and Immigrant Women: A Qualitative Metasynthesis of Global Research’  (2023) 24(2) Trauma, Violence & Abuse 

Online Materials and Reports  

17. Crown Prosecution Service (CPS), ‘Data Summary Quarter 4 2019–2020’ (2020)  https://www.cps.gov.uk/publication/cps-data-summary-quarter-4-2019-2020 accessed 9 October 2025
18. Douglas H, ‘Intimate Partner Sexual Violence and the Courts’ (Pursuit, University of  Melbourne, 3 May 2021) https://pursuit.unimelb.edu.au/articles/intimate-partner sexualviolence-and-the-courts accessed 9 October 2025
19. TVC News, ‘Court Sentences Man to Life Imprisonment for Rape’ (20 June 2023)  https://www.tvcnews.tv/court-sentences-man-to-life-imprisonment-for-rape/ accessed 11  October 2025  
20. UNICEF, The Progress of Nations 1997, 48  
21. World Health Organization, ‘Global and Regional Estimates of Violence Against Women:  Prevalence and Health Effects of Intimate Partner Violence and Non-Partner Sexual Violence’  (WHO 2021) https://iris.who.int/items/fffe9b15-7166-4216-8a87-f900556c6f32 accessed 9  October 2025 

1 World Health Organisation, ‘global and regional estimates of violence against women prevalence and health  effects of intimate partner violence are not partner sexual violence’,(WHO 2021) <https://iris.who.int/items/fffe9b15-7166-4216-8a87-f900556c6f32 > access 9 October 2025. 

2 World Health Organization, ‘Violence Against Women’ (9 March 2021) < https://www.who.int/newsroom/fact-sheets/detail/violence-against-women > accessed 9 October 2025. 

3 Professor Heather Douglas, ‘Intimate Partner Sexual Violence and the Courts’ (Pursuit, University of  Melbourne, 3 May 2021)< https://pursuit.unimelb.edu.au/articles/intimate-partner-sexual-violence-and thecourts > accessed 9 October 2025.  

4 Crown Prosecution Service CPS, ‘Data Summary Quarter’ 4 2019–2020 (CPS, 2020).  <https://www.cps.gov.uk/publication/cps-data-summary-quarter-4-2019-2020 > accessed 9 October 2025. 

5Joanne Hulley and others, ‘intimate partner violence and barriers to help-seeking among Blacks, Asian, minority  ethnic and immigrant women: a qualitative metasynthesis of global research’, (2023) Trauma, Violence and Abuse  24 (2) Sage Journal 

6 The criminal code 2004, s.6  

7 UNICEF, ‘The progress of Nations1997’, Pg 48.  https://scholar.google.com/scholar?q=related:mXMYQV6DPuAJ:scholar.google.com/&scioq=&hl=en&as_sd t=0,5#d=gs_qabs&t=1760048027378&u=%23p%3DmXMYQV6DPuAJ > accessed 9 October 2025. 

8 Macfoy v United Africa Co Ltd[1961] 3 All ER 1169 (PC).  

9 The Criminal Code 2004, s.357; The Penal Code 1960, s.282. 

10 Violence Against Persons (Prohibition) Act (VAPP Act), s.1.  

11 Sexual Offences Act 2003, s. 1.  

12 Ibid, s.1(1)(4).  

13 The Criminal Code 2004, s.6; R v Chapman [1997] ZASCA 45, (2008) 3 SCA 341. 

14 Iko v State (2001) CLR 7(F) (SC). 

15 Ochem Charles Emeka and C.T Emejuru, ‘An Appraisal of the Jurisprudence of Spousal Rape in Nigeria’ (2015)  1 DJLCR 2.  

16 R v Hughes* (1841) 9 C & P 752.  

17 Regina v Cogan & Leak [1976] QB 217 (CA).  

18 R v Offiong(1936) 3 WACA 8. 

19 The Criminal Code 2004, s.359.  

20 Sexual Offences Act 2003, s. 1.  

21 [1982] QB 320; [1981] 3 WLR 585 (CA)  

22 Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (main and supplementary judgment)  (248/2022) [2024] ZASCA 59; 2024 (2) SACR 113 (SCA); [2024] 3 All SA 674 (SCA) (24 April 2024) 

23 The Child’s Rights Act 2003, s.18; The Criminal Code 2004, s.218; The Penal Code 1960, s.283. 

24 State v Eniola Waisu Ibrahim (Unreported, Lagos High Court, 20 June 2023) TVC News, 20 June 2023. ‘Court sentences man to life imprisonment for rape’ TVC News* (20 June 2023)  https://www.tvcnews.tv/courtsentences-man-to-life-imprisonment-for-rape/ accessed 11 October 2025.