Can one rape while inside her?

Chinwe stretched her legs as she took off the atampa scarf on her head. Thank God for the plastic chair in her shop, the one she always said wasn’t comfortable. She had been on her feet all day at the market where she supervised the offloading of the two container loads of wares that had finally be released from the ports. She had paid huge demurrage and needed to ensure that her team went to market immediately.

Her bank overdraft was rising and she needed to pay her bank loans. Such was her current situation that she had forgotten to take a meal all day.

Her body ached, not only from the work she had done all day but from the sexual assault she encountered two days ago. Who would believe that Chike had violated her? Today just like yesterday she feared to go home. The tear was still hurting her and even though Siki her friend had told her to take a warm sits- bath it still hurt. The emotional pain was still as raw as if it happened three hours ago.

She had been rudely woken from sleep when he tore her nightdress and simply crashed into her. Tearing three layers of flesh apart since she had no moistness to take him in. He knew her state of mind and he had come home drunk. She had told him to please give her a few days to sort out her issues over her merchandise, especially in view of her bank loan, she did not expect the violation t her body and her soul. she did not expect that the one who was most intimate with her would violate her body.

He had raped her. Rape is defined as unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

Rape is a lot more common in ,marriage than people admit to. The definition of rape does not exclude the spouse. Even Chinwe was not telling anyone about it. The argument has been canvassed that a man cannot be said to rape his wife. Some agree others do not.

What do you think? Does marriage make it lawful, even though there might be a breach of the comfort of marriage?

Do you think that consent can be withdrawn during the act of sexual intercourse?

3 thoughts on “Can one rape while inside her?”

  1. Hmmmmmmmm, lawyers oya!
    From the perspective of the unLearned mind: This is a difficult one sisi lawyer! A rape in a marriage? Many in our Africa environment would ague that rape can not actually occur in a marriage relationship! Technically, we would think rape cannot occur in marriages, but many women like Chinwe in the above case, are daily being assaulted with no one to turn to!
    My friendS this is one too many cases of abuse and violation of a trusted & faithful wife, who is going through the trauma & challenges associated with her business, a probably source of lively hood for the family.
    This was a sad development that could lead to a crack in their relationship, as the mutual respect between Chinwe and Chike would disappeared and this would be replaced by fear and mistrust! This emotional sentence is the worse form of abuse any women would be unable to handle!
    The right of the husband actually stopped the moment he decided to rape his wife. In marriages, sexual intercourse should be mutually consented to and should be enjoyed all both parties!

  2. Kolawole Olafusi

    Thanks for the post above, it was well crafted. I spent the first one hour of today reading about rape in legal Union, I mean between husband and wife. There has never been a conviction on the matter. The penal and other laws of Nigeria including the criminal code are still armtwisted as regards rape in legal relationship.

    As at the last read, passing sexually transmitted diseases to one spouse is the only matter that is actionable.

    Until our legislators and other well meaning Nigerians including the Bar and the Bench would take a wholistic look at the issue, there will not be anything as a rape in a sexual Union. Having sex with her is one of the rights of being in a sexual Union.

    Thank you Sisi Lawyer for your wonderful and enlighten posts.

  3. Pingback: When Daddy Never Comes Home – Sisi Lawyer

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