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23.10.2014 General News

Police to charge 'gay' doctor for sodomising a minor

By MyJoyOnline
Police to charge 'gay' doctor for sodomising a minor
23.10.2014 LISTEN

The Criminal Investigations Department of the Ghana Police Service is set to charge a senior medical doctor, Sulley Ali-Gabass, of having unnatural carnal knowledge of a minor.

Dr. Ali-Gabass who practised at the Effia Nkwanta Regional Hospital in Takoradi in the Western Region, was arrested Wednesday, October 22, by the CID after he confessed to committing the act with a 16-year-old boy. He told Joy News' Manasseh Azure Awuni he was prepared face the consequences.

The victim, whose name has been withheld, has also contracted HIV, but Dr.Ali-Gabass said he cannot be blamed for that. 

Speaking Thursday on the Super Morning Show on Joy FM, Public Relations Officer at the Police CID, Joseph Benefo Darkwa said the charges are likely to be preferred against the doctor within the next 48-hours.

“If within 48-hours we are able to conclude investigations then we will prefer charges against him and then send him to court,” ASP Darkwa said.

“We are interested in the criminal aspect; having unnatural carnal knowledge of a minor... we are interested in all the criminal aspects of what he has done,” he added

Unnatural carnal knowledge is sexual intercourse through any of the orifices apart from the vagina.

He told show host Kojo Yankson: “It is a very serious crime [which] our law does not allow that…the minor's life is in danger and he could be affected in many ways”.

The victim claimed the Effia Nkwanta doctor forcibly had sex with him on five different occasions, but Dr. Ali-Gabass said it was only once and even then it was a mistake.

He is now begging for forgiveness, insisting he has regretted his actions.

The Law
Under Ghanaian criminal law, same-sex sexual activity among males is illegal. 

Section 104 of the Criminal Code, 1960, (Act 30) provides:

"(1) Whoever has unnatural carnal knowledge —
(a) of any person of the age of sixteen years or over without his consent shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years; or

"(b) of any person of sixteen years or over with his consent is guilty of a misdemeanour...."

Under Section 99, the law says "unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration".

According to Section 296 of the Criminal Procedure Code, misdemeanour is punishable by imprisonment for not more than three years.

If found guilty on a charge under Section 104, Dr Ali-Gabass may face a prison term of not more than three years.

But that may not be the only charge prosecutors may bring against the medical doctor - he may face charges of causing harm amongst others. Story by Ghana | Myjoyonline.com | Jerry Tsatro Mordy | [email protected]

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