Husband touching his wife inappropriately is rape under new VAPP law: Lawyer

Husbands can be charged for rape for inappropriately touching their wives according to the new Violence Against Persons Prohibition law, says a lawyer, Douglas Ogbankwa.
Mr Ogbankwa, a former spokesman of the Nigerian Bar Association (NBA), Benin Branch, said this on Wednesday in an interview with NAN.
He said that prior to the domestication of the VAPP Law in some states of the federation, it was legally impossible for a husband to be accused of raping his wife.
Mr Ogbankwe said that this was basically due to exceptions established by the penal laws in some parts of the country, which excluded a husband from accusations of rape of his wife, and vice versa.
He, however, said that following domestication of the VAPP law, the position has effectively changed and it now makes a husband culpable of raping his wife even by advances or touches considered inappropriate.
The legal practitioner said that this development has also led to a reduction in the standard of proof required to prove rape.
“Before the coming into fruition of VAPP Law in some states, a husband was (legally) incapable of raping his wife.
“This was due to the exceptions created by the Criminal Code Law in southern states and the Penal Code Law in northern states.
“The law stipulated that rape can only be done against persons other than ones’ wife.
“In the same law, a woman was incapable of raping a man, which was a lacuna that worked against men who in fact had become victims of rape.
“The VAPP law has now made provisions for what is considered spousal rape, which can either be a rape of either a husband or a wife by the other spouse.
“This has now been categorised as violence against persons,” he said
The former NBA publicist noted that there was also an expansion of the law, which had also expanded the meaning of rape to now include any kind of touch on any part of the body considered inappropriate.
“You find that what was ordinarily referred to as sexual harassment or assault in the criminal and penal code, has now assumed the appellation of rape.
“This has thus reduced the standard of proof of rape, from producing a cogent medical report from a medical professional with proof of penetration, to now a voice evidence depicting inappropriate touch of a man by a woman and vice versa,” Mr Ogbankwa said.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

States
Gov Lawal presents staff of office, vehicles to 19 emirs
Mr Lawal said the ceremony reflected his administration’s recognition of the traditional institution.

States
Oyo police nab suspected serial burglar, recover stolen items worth over N16 million
The command’s spokesman, Ayanlade Olayinka, said the arrest was made at about 9:45 a.m. on Saturday.

States
Foundation empowers Kwara residents with cars, sewing machines, solar systems
The foundation said the initiative was aimed at moving beyond handouts to creating sustainable enterprises for Kwarans.

Lagos
Lagos steps up enforcement of commercial vehicle, driver identification rules
Mr Edu said the collaboration would strengthen document verification during enforcement operations.

Economy
Kano tricycle operators decry rising cost of engine oil, spare parts
One of the operators explained that a journey that previously cost ₦300 could now cost at least ₦500.

States
Aduma-Mkpani-Ugep road will boost agricultural activities in Cross River: Senator
Some residents of the area commended the senator for facilitating the road project.





