'Ghana’s rape law does not recognise men as rape victims' — Young Lawyers Association president
President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, has raised concerns about Ghana’s legal framework on rape, arguing that the current definition does not recognise men as victims under Section 98 of the Criminal Offences Act, 1960 (Act 29).
According to Mr Adamtey, a man who is subjected to forced sexual activity by a woman may not be able to pursue a rape charge under the existing provision, although other criminal offences could apply depending on the circumstances.
He said such conduct could constitute indecent assault where a person is subjected to forcible and non-consensual sexual contact, allowing the state to pursue criminal charges against the alleged perpetrators.
His comments follow a reported incident involving a ride-hailing driver who alleged that three women booked his vehicle, overpowered him during the journey and forced him to have sex against his will.
The driver reportedly resisted but was eventually overpowered. He was said to have been uncertain about reporting the matter because he was a man and the alleged perpetrators were women.
Mr Adamtey explained that if the victim was prevented from leaving the vehicle after being overpowered, the circumstances could also support charges of assault, battery and false imprisonment.
He cited Sections 84 and 85 of Act 29 as provisions that could be used to prosecute such conduct, particularly where a person is forcibly restrained or subjected to unwanted physical contact.
The lawyer, however, said the disparity becomes more significant when the potential offences are compared with the punishment for rape, which he described as a serious felony.
He noted that offences such as indecent assault and false imprisonment generally attract less severe penalties than rape, potentially creating a gap in legal protection for men subjected to sexual violence by women.
Mr Adamtey argued that although other criminal charges may be available to male victims, the penalties attached to those offences may not always be comparable to those imposed 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 said the matter therefore requires policy consideration, particularly regarding whether Ghana’s existing laws provide adequate protection for male victims of non-consensual sexual violence.
He stressed that the inability to classify certain conduct as rape under the current definition does not mean male victims have no legal remedy, but acknowledged that the alternative offences available to them may carry significantly lighter penalties.