Marriage is a social contract and institution recognized by law and is a manner in which the smallest unit of the society the family starts in most cases. What is allowed at the smallest unit of society is not only a reflection of a society but is also pervasive in such society. Marital rape is a concept that brings about controversial points of views ranging from those who do not recognize it as something wrong to those who wish to see it criminalized. The constitution as the supreme law of Nigeria must take precedence over other sources of law in Nigeria. Marital rape is not only repugnant against natural justice, equity and good conscience but also a violation of the fundamental right to dignity of person. Customary and statutory provisions of law and case law cannot supersede the fundamental human right to dignity of person. This paper will use comparative study of England legal position on marital rape, different legal rationales, jurisprudence, and principles of law for the justification of the criminalization of marital rape.