The President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, recently brought national attention to a significant gap in Ghana’s rape laws. Speaking in the wake of a troubling incident involving a ride-hailing driver, Mr. Adamtey recounted the chilling ordeal: the driver alleged that three women, who had booked his vehicle, overpowered him during the trip and forced him to have sex against his will.
Despite his resistance, the driver was ultimately subdued, left confused and hesitant to report the crime, uncertain if, as a man, he could even be considered a victim of rape under Ghanaian law.
Mr. Adamtey explained that Section 98 of the Criminal Offences Act, 1960 (Act 29), which defines rape, does not recognize a man as a possible victim. As a result, men subjected to forced sexual acts by women cannot pursue rape charges. However, he clarified that the law is not entirely silent: such conduct could be prosecuted as indecent assault when there is forcible, non-consensual sexual contact. This allows the state to pursue criminal charges against perpetrators, even if the term “rape” does not apply.
The Young Lawyers Association President further noted that if a victim is prevented from leaving a vehicle after being overpowered, the law could also support charges of assault, battery, and false imprisonment. Sections 84 and 85 of Act 29 offer grounds for prosecution in cases where someone is forcibly restrained or subjected to unwanted physical contact.
Nonetheless, Mr. Adamtey observed a troubling disparity: the penalties for indecent assault and false imprisonment are generally less severe than those for rape, which is treated as a serious felony. This, he argued, leaves a gap in legal protection for men who experience sexually exploitative acts by women. While criminal charges may be possible, the resulting punishments may not match those imposed in conventional rape cases.
“If the manner in which the woman had sexual contact with the man rises to the level of unnatural canal knowledge, then the punishment may be equivalent to that for rape,” Mr. Adamtey said. “In such a circumstance, the man could receive a remedy similar to what a woman would get if a rape charge was brought.”
Describing the issue as one requiring thoughtful policy consideration, Mr. Adamtey stressed the importance of determining whether Ghana’s laws adequately protect male victims of non-consensual sexual violence. He emphasized that while the current definition of rape excludes male victims, there are still legal remedies available, albeit with potentially lighter penalties.
Source: Apexnewsgh.com