Chapter 6 of the Criminal Code outlines various sexual offenses criminalized in Ghana. Rape is criminalized in Sections 97 and 98 and is defined as the "carnal knowledge of a female of sixteen years or above without her consent." Rape is classified as a first-degree felony, and a person convicted of rape shall be imprisoned for a minimum of five years and a maximum of 25 years. Section 99 clarifies that "carnal knowledge or unnatural carnal knowledge" is complete upon proof of the least degree of penetration. Statutory rape is outlined in Section 101. It states that a person convicted of having sexual intercourse with a child under 16 years of age, with or without his or her consent, shall be imprisoned for a minimum of seven years and a maximum of 25 years. Similar punishment is outlined in Section 1012 for the defilement of anyone who is considered an "idiot, imbecile or mental patient." It states that a person who has sexual intercourse with a person they know has a mental incapacity commits an offense and shall be imprisoned for a minimum of five years and a maximum of 25 years. Indecent assault is outlined in Section 103. It states that a person commits indecent assault if he or she, without consent, forcibly makes any sexual bodily contact, or sexually violates another person, in any manner not amounting to “carnal knowledge or unnatural carnal knowledge.” Indecent assault is a misdemeanor and carries a minimum of six months imprisonment. “Unnatural carnal knowledge” is outlined in Section 104, which states that a person convicted for having ‘unnatural carnal knowledge’ may face different penalties depending on what act he or she commits. "Unnatural carnal knowledge" is defined as sexual intercourse with a person in an unnatural manner or with an animal. Section 104 has been interpreted as prohibiting homosexuality.
- Keywords
Year
- Type
- Jurisdiction