The President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, has raised concerns over a gap in Ghana’s rape laws, saying the current definition of rape does not recognise a man as a victim of rape under Section 98 of the Criminal Offences Act, 1960 (Act 29).
According to him, while a man subjected to forced sexual activity by women may be unable to pursue a rape charge, existing provisions of the law could still be used to prosecute the perpetrators for other offences.
He explained that such conduct could amount to indecent assault where there has been forcible and non-consensual sexual contact, allowing the state to bring criminal charges against those involved.
His comments follow a reported incident involving a ride-hailing driver who alleged that three women booked his vehicle, overpowered him during the trip and forced him to have sex against his will.
Mr Adamtey said if the circumstances involved the victim being prevented from leaving the vehicle after being overpowered, the law could also support charges of assault, battery and false imprisonment.
He noted that Sections 84 and 85 of Act 29 provide grounds for prosecuting such conduct, particularly where an individual is forcibly restrained or subjected to unwanted physical contact.
However, the lawyer said the disparity becomes more significant when the offences are compared with the punishment attached to rape, which he described as a serious felony, while offences such as indecent assault and false imprisonment generally attract less severe penalties.
He argued that this creates a potential gap in protection for men who are subjected to sexually exploitative acts by women, because although criminal charges may be possible, the penalties may not be comparable to those applicable in a conventional rape case.
“If the manner in which the woman had the sexual contact with the man gets into the level of unnatural canal knowledge, then it may get to the extent of the punishment for rape. In that circumstance, the man may get a remedy equivalent to what a woman will get if a rape charge was brought,” he added.
The President of the Young Lawyers Association therefore described the issue as one requiring policy consideration, particularly in determining whether Ghana’s laws adequately protect male victims of non-consensual sexual violence.
He stressed that the inability to classify the conduct as rape under the current definition does not mean a male victim has no legal remedy, but acknowledged that the available offences may carry significantly lighter punishments.
Source: Citinewsroom
