Ghana Rape Law: Male Victims Unrecognized by Act 29, Says YLA

• Noah Ephraem Tetteh Adamtey, President of the Young Lawyers Association, has highlighted a gap in Ghana's rape laws.
• Under Section 98 of the Criminal Offences Act, 1960 (Act 29), the current definition of rape does not recognize men as victims.
• This means a man subjected to forced sexual activity is not legally classified as a rape victim under current Ghanaian law.
• The existing legal definition of rape in Ghana is understood to restrict victims exclusively to females.

The current statutory definition of rape in Ghana fails to acknowledge or recognize men as potential victims of rape.

Noah Ephraem Tetteh Adamtey, who holds the position of President of the Young Lawyers Association, has recently drawn attention to a significant deficiency within Ghana's legal framework concerning sexual offenses. His concerns specifically target the existing statutory definition of rape, as it is codified under Section 98 of the Criminal Offences Act, 1960 (Act 29). According to Mr. Adamtey, this particular section of the law, in its current formulation, fails to acknowledge or recognize men as potential victims of rape. This critical omission means that, despite being subjected to forced sexual activity, a male individual is not legally classified as a rape victim under the prevailing Ghanaian statutes. This situation creates a notable gap in the nation's protective legal mechanisms against sexual violence.

The crux of the issue lies in the precise wording and historical interpretation of Section 98 of the Criminal Offences Act, 1960 (Act 29). This foundational piece of legislation, which defines the crime of rape in Ghana, has been understood to restrict the identity of a rape victim exclusively to females. Consequently, any instance of forced sexual activity perpetrated against a male individual, regardless of the coercive nature or the severe trauma inflicted, does not meet the legal criteria to be prosecuted as rape under this specific statute. This legal limitation means that while the act itself is undeniably a grave offense, the legal classification and the specific avenues of justice typically associated with a rape charge are not available to male survivors. The law, therefore, establishes a gender-specific barrier to accessing justice for certain forms of sexual violence.

This gender-specific definition within Ghana's rape law carries profound implications for male survivors of sexual assault. By not being legally recognized as rape victims under Section 98, these individuals are effectively denied the specific legal protections, the full scope of support mechanisms, and the societal validation that is typically afforded to female victims of rape. The absence of a gender-neutral rape law means that male victims may struggle to find appropriate legal recourse that accurately reflects the severity and nature of the crime committed against them. This situation not only creates a disparity in legal treatment based on gender but also potentially contributes to underreporting and a lack of adequate support services for male survivors, as the legal framework itself does not fully acknowledge their experience within the context of rape.

The concerns raised by the Young Lawyers Association, through its President Noah Ephraem Tetteh Adamtey, underscore an urgent imperative for legislative review and reform in Ghana. To ensure comprehensive justice and equality, there is a clear need to amend Section 98 of the Criminal Offences Act, 1960 (Act 29), to introduce a gender-neutral definition of rape. Such a reform would ensure that all individuals, irrespective of their gender, who are subjected to forced sexual activity, receive equal legal recognition and protection under the law. This move would align Ghana's legal framework with international best practices regarding sexual violence and provide all victims with the appropriate legal avenues to seek justice, thereby strengthening the nation's commitment to human rights and equitable legal treatment for every citizen.

Lawyers advising male clients who have experienced sexual assault in Ghana must be aware of the current statutory limitations under Section 98 of the Criminal Offences Act, 1960 (Act 29), and explore alternative legal avenues or advocate for legislative reform. Compliance officers should review internal policies for reporting sexual assault to ensure they address all potential victims, irrespective of gender, despite current legal gaps.

Source: Original reporting via legal commentary.