Ghana’s rape law does not recognise men as rape victims – Lawyer

By: Winifred Fosua Agyekum

Ghana’s current rape law does not recognise men as victims of rape when they are sexually assaulted by women, President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, has said.

Speaking on the issue, Mr Adamtey said Section 98 of the Criminal Offences Act, 1960 (Act 29), defines rape in a way that does not cover a man being forced to have sexual intercourse by a woman.

His comments follow a reported case 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 said he resisted but was eventually overpowered, raising concerns about whether he could report the incident as rape because he was a man and the alleged perpetrators were women.

Mr Adamtey explained that although such conduct may not constitute rape under the current definition, the alleged perpetrators could still face other criminal charges.

He said forcible and non-consensual sexual contact could amount to indecent assault, while preventing the victim from leaving the vehicle after overpowering him could also lead to charges including assault, battery and false imprisonment.

According to him, Sections 84 and 85 of Act 29 provide legal grounds for prosecuting conduct involving unwanted physical contact or the forcible restraint of another person.

However, Mr Adamtey noted that the penalties attached to these offences are generally less severe than those associated with rape, creating what he described as a gap in legal protection for male victims of sexual violence.

He said the situation could be different in cases involving what the law classifies as “unnatural canal knowledge”, where the circumstances may attract punishment equivalent to that associated with rape.

“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,” he said.

“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 said the issue requires policy consideration to determine whether Ghana’s laws adequately protect men who are subjected to non-consensual sexual acts.

He stressed that the current legal definition does not mean male victims have no legal remedy, but acknowledged that the available offences may carry significantly lighter penalties than rape.