Ghana’s current criminal law does not recognise a man as a victim of rape when the alleged perpetrator is a woman, according to Richard Amarh, Executive Director of the Center for Legitimacy and Rule of Law.
Speaking on Rainbow Radio 87.5FM’s news programme, Nyankonton Mu Nsem, Amarh explained that the statutory definition of rape under Ghanaian law limits the offence to specific circumstances involving a female victim.
He referred to Section 97 of the Criminal and Other Offences Act, 1960 (Act 29), which defines rape as having carnal knowledge of a female aged 16 or above without her consent.
According to Amarh, the legal meaning of “carnal knowledge” further limits the offence to penile penetration of the vagina.
“Ghanaian law does not recognise the rape of a male by a female. The legal definition of rape makes it impossible for men to be classified as victims under our current framework,” he said.
He explained that, under the existing legal framework, the offence of rape is therefore structured around male perpetrators and female victims.
His comments come amid renewed discussions about Ghana’s sexual offence laws following a viral video involving an Uber driver who alleged that three women forced him into sexual acts.
The driver claimed that he was sexually assaulted by the women and also alleged that police officers mocked him when he attempted to report the incident.
Addressing calls for the law to be amended to specifically recognise female-on-male rape, Amarh argued that such a change is not necessary under the current circumstances.
He said women who allegedly force men into sexual acts can instead face prosecution under laws covering indecent assault.
“Amending the law to classify female-on-male sexual assaults as rape is unnecessary. Women who force men into sexual acts can be fully prosecuted under indecent assault laws, which carry up to two years’ imprisonment, a fine, or both,” he said.
Amarh also advised the Uber driver on the legal steps he could take following his allegation that police officers failed to properly handle his complaint.
He urged the alleged victim to submit written petitions to senior police authorities so that the conduct of the officers involved could be investigated and, where appropriate, disciplinary action taken.
“The victim should submit written petitions to the senior police leadership to ensure the officers who mocked his report face disciplinary action,” he said.
He further said the driver could consider pursuing a civil case against the women for damages.
However, Amarh cautioned that the success of such an action would depend heavily on the availability of credible evidence to support the allegations.
“He can also pursue civil litigation for damages against the women, though without strong evidence, the suit is likely to fail,” he added.
The lawyer’s comments have brought renewed attention to how Ghana’s existing legal framework categorises sexual offences involving male victims and whether the law provides adequate remedies for men who allege that they have been subjected to unwanted sexual acts.
