The need for the entrenchment of marital rape in Nigeria’s criminal jurisprudence is a pressing issue that requires urgent attention. Marital rape refers to any non-consensual sexual activity perpetrated by a spouse against their partner within the institution of marriage. Despite being a prevalent form of gender-based violence, marital rape is not explicitly recognized as a crime under Nigeria’s legal framework. This paper examines the need for the entrenchment of marital rape in Nigeria’s Criminal jurisprudence. Marital rape is rampant in Nigeria, just like any form of rape. Marital rape victims have experienced a lot of psychological trauma, depression, emotional imbalance; the experience has resulted in divorce, medical, physical and mental health to its victims. Unfortunately, marital rape victim is unable to report their victimization to the appropriate authorities, this is because there is no law criminalizing marital rape in Nigeria. This paper further looks at the historical review of marital rape exemption, the theories about the exemption and need to criminalize marital rape in harmony with other jurisdiction. The paper therefore recommended the imperatives steps towards protecting the rights and well- being of individuals within the institution of marriage and legal support for victims of gender-based violence.
Keywords: Jurisdiction, Nigeria, Rape, Women, sexual intercourse
