Bar Adaku Mbama, pioneer chairperson and chairperson emerita, International Federation of Women Lawyers (FIDA), Badagry Branch, says consent remains central to lawful sexual relations.
Speaking with the News Agency of Nigeria (NAN) in Lagos on Sunday, Mbama said Nigerian laws criminalised sex without consent, prescribed penalties ranging from four years to life imprisonment and recognised spousal rape under VAPP laws.
She urged faster prosecutions, victim support, public awareness and respect for boundaries to strengthen justice and deter sexual offences.
She said that under the Criminal Code, Penal Code and the Violence Against Persons (Prohibition) (VAPP) Act, consent must be voluntary, informed and ongoing.
According to her, a clear refusal, coercion, intimidation, fraud, intoxication, unconsciousness or mental incapacity invalidates consent under the law.
She said continuing sexual activity after an express refusal or withdrawal of consent constituted rape or sexual assault, depending on the nature of the act.
“Rape involves non-consensual penetration, while unwanted sexual acts without penetration amount to sexual assault under the VAPP Act.
“Courts consider victims’ testimony, surrounding circumstances and available evidence in determining whether consent existed.
“The law does not require physical injuries or resistance before a rape allegation can be sustained.
“Marriage, previous sexual relations or dating do not amount to automatic consent for future sexual activity”, she said.
Mbama said that before the 2015 VAPP act, the Criminal Code recognised marital exemption and made it hard to prosecute a husband for raping his wife, but under the VAPP act, a spouse could be prosecuted for raping his partner.
She added that consent could be withdrawn at any stage, warning that continuing sexual activity after consent is withdrawn amounts to an offence.
The legal practitioner said rape attracted life imprisonment under the Criminal Code and between 12 years and life imprisonment under the VAPP Act, depending on applicable laws.
She added that sexual assault without penetration attracted imprisonment and fines, while offenders could also be ordered to compensate survivors.
Mbama said that even with stiff penalties, under-reporting, stigma, family pressure, slow prosecution, evidence challenges and weak enforcement continued to undermine deterrence.
She identified distrust of law enforcement agencies, fear of retaliation, financial constraints and lack of awareness of available legal protections as barriers to reporting.
She commended reforms introduced through the VAPP Act, specialised sexual offences courts, the Domestic and Sexual Violence Response Team (DSVRT), FIDA and NAPTIP.
Mbama, however, called for more specialised courts, victim-centred policing, witness protection, one-stop support centres and sustained public enlightenment on consent.
She urged men to respect boundaries, women to report violations and young people to understand that consent must be freely given, informed and can be withdrawn at any time.
“Consent is not a contract but an ongoing conversation. If you are unsure, ask. If someone says ‘No’ or ‘Stop’, you must stop immediately,” she said.
Similarly, Mr Chukwuemeka Dike, a Barrister and Tech, Privacy and Human Rights Advocate, said valid consent must be voluntary, clear and continuous, warning that ignoring refusal constituted rape under Nigerian law.
He said consent must be unequivocal, personal and voluntary, adding that silence, previous intimacy or lack of resistance never amounts to consent for subsequent sexual encounters.
Dike said minors and persons of unsound mind could not legally give consent, stressing that any purported consent obtained from them remained invalid under the law.
He said the Violence Against Persons (Prohibition) Act implied that consent could be withdrawn during a sexual encounter, adding that continuing after a clear refusal could attract rape prosecution.
Dike said public enlightenment was necessary to dispel misconceptions that marriage, dating or previous intimacy automatically implied consent to sexual intercourse.
He noted that while legal provisions on marital rape differed under the Criminal Code, Penal Code and VAPP Act, the latter broadened protection against non-consensual sexual acts.
The advocate said survivors were entitled to medical, psychological, legal and rehabilitation support, compensation, privacy protection and access to education or vocational opportunities.
He identified ignorance of legal rights, stigma, victim-blaming and weak law enforcement as major obstacles preventing survivors from obtaining justice.
Dike urged governments, law enforcement agencies, schools, families and the media to intensify public sensitization, strengthen prosecution, improve survivor support services and promote respect for sexual boundaries.
