Men Can’t Be Rape Victims Under Ghana’s Law – Lawyer

Ghana’s current rape laws may leave men who suffer sexual violence at the hands of women without access to the same legal protection available to female victims, as the definition of rape under Section 98 of the Criminal Offences Act, 1960 (Act 29), does not recognise a man as a victim of rape where he is forced into sexual activity by a woman.

Speaking on A Question of Law show on Channel One TV dated Monday, October 6, the President of the Young Lawyers Forum, Noah Ephraem Tetteh Adamtey said this creates a serious gap in the law, particularly in cases where men are subjected to sexual acts without their consent but are unable to pursue the matter as rape.

“Currently, I think the definition rape under Ghanaian Law Section 98 of the Criminal Offences Act, 1960 (Act 29) does not support a man being raped. Technically a man cannot be raped under Ghanaian Law”, he stated.

Mr Adamtey, however, explained that a male victim is not completely without legal protection. He said depending on the circumstances, the alleged offender could be prosecuted for offences such as indecent assault, assault, battery or false imprisonment.

His comments follow a reported case involving a ride-hailing driver who alleged that three women booked his vehicle, overpowered him during a trip and forced him to have sex against his will.

The driver reportedly said he resisted but was eventually overpowered. He was later left uncertain about whether to report the incident because he was a man and the alleged perpetrators were women.

The case has renewed questions about how Ghana’s laws respond to men who experience sexual violence and whether the existing legal framework provides adequate protection for them.

Mr Adamtey said if the driver was prevented from leaving the vehicle after being overpowered, the circumstances could also support charges of assault, battery and false imprisonment.

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

However, he noted that there remains a significant difference in the severity of the punishment attached to those offences compared with rape, which is treated as a serious felony.

According to him, offences such as indecent assault and false imprisonment may attract less severe penalties, raising concerns about whether male victims receive equal protection when they suffer serious sexual violence.

“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 called for policy consideration on whether Ghana’s laws adequately protect male victims of non-consensual sexual violence.

He stressed that although a man may not be able to report such an incident as rape under the current definition, this does not mean he has no legal remedy.

Private legal practitioner Austin Brako Powers has also urged men who suffer sexual assault and domestic violence to speak out rather than suffer in silence because of societal expectations.

Speaking on the same show, Mr Brako Powers said men who experience non-consensual sexual acts should report such incidents to the police, even where the circumstances may not meet the legal definition of rape.

“His remedy will not lie in going for or reporting the matter as him being raped, but he can go for indecent assault or assault or attack.

I’m uncomfortable seeing men going through some of these things, and they keep them to themselves,” he said.

Mr Brako Powers also called for a Ghanaian version of the “MeToo” movement to give men a platform to share their experiences and bring greater attention to sexual and domestic abuse against them.

“It is one that Parliament or even the government must make the proposition and send it to Parliament for Parliament to sanction it, he said.

The lawyers’ concerns have brought renewed attention to the need for victims of sexual violence, regardless of gender, to be heard, protected and given meaningful access to justice