A Nigerian legal practitioner, Pelumi Olajengbesi Esq., has cautioned men against ignoring the boundaries of consent during sexual intercourse, stressing that the law is clear that once a woman withdraws consent, any further act amounts to rape.
Olajengbesi, the Managing Partner at Law Corridor in a statement on Facebook, explained that consent is not a permanent ticket but can be withdrawn at any point, even in the middle of sex.
According to him, failure to respect that decision has serious legal consequences.
“Consent is not permanent. It can be withdrawn at any point, even during sex. Continuing after withdrawal amounts to rape,” he said.
The lawyer further clarified that the physical reactions of a woman’s body during sexual activity do not override her spoken refusal.
He stressed that wetness, moaning, or other biological responses are involuntary and cannot replace consent.
“If she says NO, but her body responds with wetness, moaning, or movement, that is a biological reaction, not consent. Proceeding despite her refusal is rape,” Olajengbesi warned.
He also highlighted scenarios that often confuse men but are clearly defined under the law. These include cases involving intoxication, abuse of trust, and fraudulent inducement.
“When a lady says No before, but later gets drunk and says Yes, the law construes that as No, because intoxication removes the capacity to give valid consent,” he explained.
Speaking further, the legal expert condemned situations where women are pressured into sex because of trust in spiritual leaders, employers, teachers, or celebrities.
“When a woman trusts her pastor, doctor, teacher, or workplace superior and agrees to have sex because of that trust, it is rape by fraud and undue influence,” he noted.
Olajengbesi stressed that material benefits like money or gifts also do not amount to consent. “Giving a woman money, buying food, or providing any material benefit before or after sex does not imply consent. Consent must be free, clear, and informed. Accepting money or gifts is not the same as agreeing to sex,” he said.
Citing the Violence Against Persons (Prohibition) Act, 2015, the Criminal Code Act, and relevant court rulings, the lawyer urged men to be more informed about what constitutes rape under Nigerian law to avoid criminal liability.
“Sex without genuine consent is rape, no matter the excuse,” Olajengbesi concluded.
