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.
Mr Adamtey said the definition of rape under Section 98 of the Criminal Offences Act, 1960 (Act 29), does not cover circumstances in which a man is forced by a woman to have sexual intercourse against his will.
His comments follow a reported case involving a ride-hailing driver who allegedly became the victim of a sexual assault after three women booked his vehicle, overpowered him during a journey and allegedly forced him to have sex.
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The driver reportedly said he resisted the alleged assault but was eventually overpowered, raising questions about how Ghana’s rape law applies when the alleged victim is a man and the alleged perpetrators are women.
According to Mr Adamtey, while such conduct may not amount to rape under the current legal definition, it does not mean the alleged perpetrators cannot be prosecuted.
He explained that forcible and non-consensual sexual contact could constitute indecent assault, while restraining the victim and preventing him from leaving the vehicle could also result in charges such as assault, battery and false imprisonment.
He said Sections 84 and 85 of the Criminal Offences Act provide legal grounds for prosecuting conduct involving unwanted physical contact and the forcible restraint of another person.
However, Mr Adamtey noted that the penalties attached to those offences are generally less severe than the punishment associated with rape.
He said this creates a significant gap in Ghana’s legal framework, particularly for male victims of sexual violence who may be subjected to serious non-consensual sexual acts but cannot have the conduct classified as rape under the existing definition.
Mr Adamtey explained that the circumstances could be different where the conduct falls within what the law describes as “unnatural canal knowledge”.
“If the manner in which the woman had the sexual contact with the man gets to 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.
The lawyer said the issue deserved serious policy consideration to determine whether Ghana’s existing laws provide adequate protection for men subjected to non-consensual sexual acts.
He stressed that the current definition of rape does not leave male victims without legal remedies. However, he acknowledged that the alternative offences available under the law may attract significantly lighter penalties than rape.