Ghanaian law does not recognize the rape of a male by a female, according to Richard Amarh, the Executive Director of the Center for Legitimacy and Rule of Law.
Speaking on Rainbow Radio 87.5FM’s news programme, Nyankonton Mu Nsem, the legal expert explained that the statutory definition of rape makes it impossible for men to be categorized as victims under the current legal framework.
Referring to the Criminal and Other Offences Act, 1960 (Act 29), Section 97, Mr Amarh noted that rape is strictly defined as carnal knowledge of a female aged 16 or older without her consent. Under Ghanaian law, carnal knowledge specifically requires penile penetration of the vagina, which restricts the crime of rape exclusively to male perpetrators against female victims.
“Ghanaian law does not recognise the rape of a male by a female. The legal definition of rape makes it impossible for men to be classified as victims under our current framework. Under Section 97 of the Criminal and Other Offences Act, rape is strictly defined as carnal knowledge of a female aged 16 or older without her consent. Carnal knowledge specifically requires penile penetration of the vagina, which restricts the offence exclusively to male perpetrators.”
Addressing calls for legislative reform following a viral video involving an Uber driver who alleged he was forced into sexual acts by three women, Mr Amarh argued that amending the law is unnecessary. He explained that women who force men into sexual acts can be prosecuted under indecent assault laws, which carry a maximum penalty of two years’ imprisonment, a fine, or both.
“Amending the law to classify female-on-male sexual assaults as rape is unnecessary. Women who force men into sexual acts can be fully prosecuted under indecent assault laws, which carry up to two years’ imprisonment, a fine, or both.”
The Uber driver claimed police officers mocked him when he attempted to report the incident, prompting him to seek media attention instead.
Advising the victim on next steps, Mr Amarh urged him to petition the senior police leadership to ensure the officers involved face disciplinary action.
He added that the driver could pursue civil litigation against the women for damages, though he cautioned that the suit would likely fail without solid evidence.
“The victim should submit written petitions to the senior police leadership to ensure the officers who mocked his report face disciplinary action. He can also pursue civil litigation for damages against the women, though without strong evidence, the suit is likely to fail.”
By: Rainbowradioonline.com/Ghana