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

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.”

Africa
Information minister congratulates Ibietan on re-election as APRA scribe
Mr Idris described Mr Ibietan’s re-election as a well-deserved recognition of his professionalism.

States
Niger governor donates N100 million to IBBU’s College of Medicine, 41 pioneer medical students
Mr Bagana stated that the 41 pioneer medical students of the institution comprised 21 males and 20 females.

Politics
2027: Minister vows to mobilise one million votes for Tinubu, Radda in Katsina
Mr Rabe-Darma vowed to mobilise over one million votes for President Bola Tinubu and Governor Dikko Radda ahead of the 2027 elections.

Heading 5
Mamdani considers arresting Israeli PM Netanyahu if he visits New York
Mr Mamdani said his administration’s legal department is weighing the option of arresting the Israeli leader as determined by the law.

Lagos
LAWMA unveils reforms to end waste backlog in Lagos
He said conventional dumpsites were no longer sustainable because of Lagos’ coastal terrain, limited land availability and growing urban population.

Economy
EU bans destruction of unsold clothing
The policy took effect on Sunday, and the EU also announced it would extend to medium-sized companies starting in 2030.





