Marital rape defined

(1) A male spouse commits marital rape against the female spouse if the first mentioned spouse has sexual intercourse with the other spouse in any of the circumstances specified in subsection (2) of this section– (a) without the consent of the female spouse; and (b) knowing that the female spouse does not consent to sexual intercourse, or recklessly not caring whether the female spouse consents or not. (2) The circumstances referred to in sub-section (1) are as follows– (a) the spouses have separated and thereafter have lived separately and apart within the meaning of the Married Persons (Protection) Act; CAP. 175. (b) there is in existence a separation agreement in writing between the spouses; (c) proceedings for the dissolution of the marriage or for a decree of nullity of marriage have been instituted; (d) there has been made or granted against one of the spouses an order or injunction, as the case may be, for non-cohabitation, non- molestation, ouster from the matrimonial home or the personal protection of the other spouse; (e) one of the spouses has given an undertaking with regard to the matters specified in paragraph (d) of this sub-section; (f) the act of sexual intercourse is preceded or accompanied by or associated with, assault 72 and battery, harm or injury to the female spouse. (3) In this section, “spouse” means a party to marriage and does not include a party to a ‘common law union’. (4) No prosecution shall be brought for the offence of marital rape except with the consent of the Director of Public