The President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, has raised concerns about a gap in Ghana’s rape laws, arguing that the current definition of rape under Section 98 of the Criminal Offences Act, 1960 (Act 29), does not recognise men as victims of rape.
According to him, although a man who is subjected to forced sexual activity by women may not be able to pursue a rape charge, other provisions of the law could still be used to prosecute the alleged perpetrators.
He explained that such conduct could amount to indecent assault where there is forcible and non-consensual sexual contact, giving the state grounds 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.
The driver reportedly said he resisted but was eventually overpowered.
He was also uncertain about whether to report the matter because he was a man and the alleged perpetrators were women.
Mr Adamtey said that if the circumstances involved the driver 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 a person is forcibly restrained or subjected to unwanted physical contact.
However, the lawyer said the disparity becomes more significant when the possible offences are compared with the punishment for rape, which he described as a serious felony.
He explained that offences such as indecent assault and false imprisonment generally carry less severe penalties, potentially creating a gap in legal protection for men subjected to sexual violence by women.
He argued that while criminal charges may still be possible, the punishment may not be comparable to what would apply 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.
Mr Adamtey therefore said the issue requires policy consideration, particularly on whether Ghana’s laws provide adequate protection for 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 alternative offences available may carry significantly lighter punishments.
