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Nairaland Forum / Nairaland / General / Family / Quick Question! Can A Wife Accuse Her Husband Of Rape? (4410 Views)
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Quick Question! Can A Wife Accuse Her Husband Of Rape? by RebekahAmor(f): 12:23am On Oct 30, 2016 |
i overheard my neighbour saying her husband forcefully had her,,, now am like "HE RAPED HER", and i think he deserve to pay for it, Ladies and Gentlemen, what's your take on this? you think its rape or not? |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mymadam(m): 12:26am On Oct 30, 2016 |
"Can A Wife Accuse Her Husband Of Rape?" Unfortunately, the answer is YES! 3 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by teemy(m): 6:15am On Oct 30, 2016 |
if a woman that got pregnant by her husband can charge him and win in court because she warned him not to can do so, likewise a rape victim though wife can also win. all things yield complication in marriages though. 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:15am On Oct 30, 2016 |
Yeep 2 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by steppin: 11:19am On Oct 30, 2016 |
Abuse, yes. Rape, a capital no. |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:23am On Oct 30, 2016 |
YES, she absolutely can. A woman can get raped in a marriage. 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by RebekahAmor(f): 11:42am On Oct 30, 2016 |
steppin:why No biko? |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by MMotimo: 4:30pm On Oct 30, 2016 |
Regardless of the relationship between the victim and the perpetrator, a crime is a crime if it meets the definition in the criminal code If the sexual activity meets the definition of rape then it is rape, same way murder is murder even if the victim is the spouse 5 Likes 1 Share |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 5:07pm On Oct 30, 2016 |
^^^^MMotimo You are wrong there. A wife cannot accuse her husband of rape and stealing especially if they are married under the Christian marriage, which means they were married in court or the church, mind you, this does not apply to couple married only traditionally. And the law of rape would only apply when they are separated or divorced 2 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Amysue: 6:07pm On Oct 30, 2016 |
Yes a wife can accuse d husband for rape. What is rape? Rape is d forceful penetration of a woman by a man without her consent. Irrespective of the relationship. It is a criminal offence in Nigeria. 3 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 9:55pm On Oct 30, 2016 |
mysticgal: What rubbish! Rape is the unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against the will of someone. It has NOTHING to do with Religion or marital status! What a load of crap! Get your head out of your a**! 9 Likes 2 Shares |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by EfemenaXY: 10:52pm On Oct 30, 2016 |
mysticgal: No, she's right and you're wrong. Go look up the definition of rapè. It doesn't give exceptions to marriage. 5 Likes 1 Share |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by sisisioge: 11:00pm On Oct 30, 2016 |
LadyMercedes: Sweetie, what mystical couldn't articulate well is that in christianity, once a man and woman have been joined in holy matrimony, their bodies belong to each other. Thus, each is to make his or her body available to the other whenever desired except when the two agree to pray and fast for a period of time. Wetin that one mean be say babe can't claim rape as the bobo obviously did not agree to fast or pray with her. May God help us. Back to reality, this recommendation of the bible can only be absolutely effective when the two parties are considerate people. That's if wife isn't unnecessarily withholding and if husband is not unnecessarily an azzzhole! Hallelujah! ;DHope you are good? By the way, I cant get over your moniker...In my own version of Cinderella and Princes Charming's fairytale...the charming prince was actually driving a Mercedes 2 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 11:53pm On Oct 30, 2016 |
sisisioge: I'm great, thanks for asking. Lol. If Prince Charming was driving a Mercedes, then he's really Prince Charming o |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by ajishomo: 3:12am On Oct 31, 2016 |
Quick answer,: YES! 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 6:21am On Oct 31, 2016 |
Ofcourse, anybody can accuse anybody of rape. so yes, a wife can accuse her husband of rape. whether a wife can proove her husband raped her is another matter entirely. personally, I don't think she can. |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 6:57am On Oct 31, 2016 |
EfemenaXY:Smiles.. OK lemme start this way In law, you do not read meanings into codes except by interpretation sections . Chapter 1 of the interpretation section, of the criminal code defines Christian marriage, as a marriage which is recognized by the law of the place where it is contracted as the voluntary Union for life of one man and one woman to the exclusion of all others Section 6 (b) of the criminal code defines unlawful carnal knowledge to mean carnal connection which takes place otherwise than between husband and wife. And if you go to section 357,you would see that rape is having unlawful carnal knowledge of a girl or woman. So back to what I am saying section 6 of the criminal code, 55 (1) of the penal code excepts marital rape, meaning a husband cannot rape his wife because there was an initial consent before the marriage to have sex when married. Don't get me wrong, morally, it wrong for a man to rape his wife but legally it is doesn't have any parlance especially in Nigeria. In the US, it is criminalized.. See, Regina v state. The only way a husband can be brought to book is if he assaults or wounds if proven beyond reasonable doubt. I rest my case 3 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:12am On Oct 31, 2016 |
LadyMercedes: Lady, there is a probability you are not in Nigeria but if you are and claim to be a lawyer, then you don't know your onions and you are outdated in the practice of law, so I suggest, you go back to case laws and the criminal code which for now reigns supreme... And I advice, before giving or dishing out such crap you think you know, research and then serve because you never know who reads it And I never said what I said because it was what I think, rather it is what I know... I have joined a senior counsel to court on a case bordering on marital rape and you know what marital rape is not criminalized in Nigeria... So beware of what the heck you say. Lemme refer you to section 1 of the interpretation section of the criminal code, section 6 of the criminal code and 357 of the criminal code and beautifully calm down and read this https://www.google.com.ng/url?sa=t&source=web&rct=j&url=http://iiste.org/Journals/index.php/JAAS/article/viewFile/25622/26274&ved=0ahUKEwiQo9iasYTQAhWEAsAKHRHwAb8QFggaMAA&usg=AFQjCNHw9mdSX9eiol8_cS9Clrvh-pQQnQ&sig2=DZfY9fa4WcVjfVlH2uG7Zw Have an inspired day ahead CC.. Teespice and 5minsmadness 4 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:33am On Oct 31, 2016 |
mysticgal: It's still a pile of crap! Sex should be by mutual consent. 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:39am On Oct 31, 2016 |
LadyMercedes:Admit you are wrong for God's sake Why are you still arguing dumbly?? ... No one says sex should be unconsensual. Leave emotions out of this. Legally, a husband cannot rape his wife because they are one, a person cannot rape himself. So stop confusing readers. Jeez 2 Likes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:41am On Oct 31, 2016 |
mysticgal:Wtf did I read |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 7:41am On Oct 31, 2016 |
mysticgal:So you are a lawyer eh? |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:42am On Oct 31, 2016 |
pcguru1:You read what you read.. A husband cannot rape his wife.. Check out all other quotes I made above |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:43am On Oct 31, 2016 |
TomHagen:In equity... Yes |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:49am On Oct 31, 2016 |
mysticgal:So you're saying a husband can't force himself on his wife or if he forces himself it can't be considered rape because the Bible says they are one. I think that's wrong 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 7:51am On Oct 31, 2016 |
mysticgal: Thanks for the attachment since you're a lawyer I can't dispute because hey it's your profession so you must know it legally morw than us buy let me read the document before I can make any argument. Mike Ross is coming back 1 Like |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:53am On Oct 31, 2016 |
pcguru1:I am not talking religiously, I am talking legally here... A man can force his way with his wife which is wrong but not criminalized here in Nigeria. Ask me further any questions bothering you |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by TomHagen: 7:53am On Oct 31, 2016 |
mysticgal:I love lawyers. Only smart people can succeed as lawyers. I wanted to become a lawyer myself, sometimes I get this feeling that I missed my calling. |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by mysticgal(f): 7:58am On Oct 31, 2016 |
TomHagen:Awww, you can still be a lawyer... I have very old colleagues who are practicing. You can still do it |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:00am On Oct 31, 2016 |
I now understand what mysticalgal means I am still reading the document but I also came across this line too "The first point to be noted from the above provisions is that in Nigeria, a woman cannot commit the offence of rape upon a man." If a woman actually rapes me the law won't recognise it Then again I don't have rape value to women anyway so yay 1 Like 1 Share |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:03am On Oct 31, 2016 |
The second point to be noted from the definition of the offence in Nigeria is that a man cannot be guilty of rape upon his wife. |
Re: Quick Question! Can A Wife Accuse Her Husband Of Rape? by Nobody: 8:04am On Oct 31, 2016 |
Mehn it keeps getting weirder Another point that should be noted is that under the Nigerian definition, rape is committed upon penetration of the female genital organ (vagina) by the male penis. Thus, it is not rape if the vagina is penetrated with any other object or any other part of the male body. Furthermore, it is not rape if any other part of the female body (e.g. the mouth or the anus) other than the vagina is penetrated |
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