The President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, has highlighted what he describes as a gap in Ghana’s rape laws, noting that the current definition under Section 98 of the Criminal Offences Act, 1960 (Act 29), does not recognise men as victims of rape.
According to Mr Adamtey, 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 where a person is subjected to forcible and non-consensual sexual contact, the conduct could constitute indecent assault, providing grounds for criminal prosecution.
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 subdued, leaving him unsure whether to report the matter because he was a man and the alleged perpetrators were women.
Mr Adamtey said that if the victim was prevented from leaving the vehicle after being overpowered, the circumstances could also give rise to charges including assault, battery and false imprisonment. He pointed to Sections 84 and 85 of Act 29 as provisions that could support prosecution, particularly in cases involving forced restraint or unwanted physical contact.
He, however, noted that the situation exposes a potential gap in the protection available to men who experience sexual violence at the hands of women. While existing laws may allow for criminal charges, the penalties for those offences may not be equivalent to those imposed in conventional rape cases.
Mr Adamtey further explained that in certain circumstances, where the nature of the sexual contact meets the legal threshold for “unnatural canal knowledge,” the applicable punishment could potentially be comparable to that prescribed for rape. The Young Lawyers Association President said the matter therefore warrants 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 such conduct as rape under the current legal definition does not mean male victims are without legal recourse. However, he acknowledged that the alternative offences available under the law may attract considerably lighter penalties.
