In Nigeria, a prostitute can legally accuse a client of rape if she withdraws consent during a sexual encounter, even after initially agreeing and receiving payment. The country’s laws on rape and consent emphasize that consent must be voluntary, continuous, and can be withdrawn at any time—regardless of prior agreements or financial transactions.
Under Section 357 of the Criminal Code, applicable in Southern Nigeria, and Section 282 of the Penal Code, which applies in the North, rape is defined as having unlawful sexual intercourse without consent or where consent was obtained through force, threats, or deception. The Violence Against Persons (Prohibition) Act (VAPP) 2015 further expands the definition of rape to include any non-consensual sexual act, regardless of gender, and prescribes life imprisonment for offenders.
Legal experts argue that consent is not a one-time transaction. It must be ongoing and can be withdrawn at any stage, even if the individual initially agreed to the act. If the other party continues after consent is withdrawn, it becomes rape under Nigerian law.
Payment does not override the legal requirement for consent. A prostitute, like any other person, has the right to change their mind at any moment before or during intercourse. Once they withdraw consent, any attempt to forcefully continue the act amounts to rape, and the perpetrator can be prosecuted.
While the law supports a prostitute’s right to sue for rape after withdrawing consent, there are significant challenges in enforcement. Stigma and societal bias often make it difficult for sex workers to be taken seriously by law enforcement. The burden of proof remains on the victim to show that consent was withdrawn and that force was used. Police harassment and corruption may also discourage prostitutes from reporting rape cases. Despite these challenges, the VAPP Act and other legal frameworks offer protection, ensuring that every individual—regardless of profession—has the right to bodily autonomy and protection from sexual violence.
The issue of refunding payment after withdrawing consent remains a legal grey area because prostitution itself is not explicitly recognized under Nigerian law. While the client may feel entitled to a refund, there is no legal basis to enforce a contract for an illegal transaction. However, any attempt to forcefully recover money could amount to assault, theft, or harassment under Nigerian law.
Nigeria’s legal stance on consent and rape is clear: consent can be withdrawn at any time, regardless of prior agreement or payment. If a person—including a prostitute—withdraws consent and is forced into sex, the act constitutes rape, punishable under the law. Legal experts and human rights advocates continue to push for greater enforcement and protection for all victims, ensuring that no one is denied justice based on their profession or background.
