Ghana Law Say A Man Cannot Be Raped—Uber Driver Case May End As Just 3 Years Jail Instead Of 25 Year

A popular radio host, Akosua Anwenepa Gyambiby, host of Ento Wo Ada on Kasapa FM, has exposed a shocking gap in Ghana’s law that is making many Ghanaians angry.

According to her, under Section 98 of Ghana’s Criminal Offences Act, 1960 (Act 29), a man cannot be classified as a rape victim in Ghana.

She said this while reacting to the trending case of an Uber driver who alleged that three women booked his car, overpowered him inside the car, and forced him to have sex against his will.

Akosua Anwenepa explained that because Ghana’s law defines rape as “the carnal knowledge of a female of sixteen years or above without her consent,” it means only women can be raped. A man, even if forced, is not seen as a rape victim.

She said, “Under Section 98 of Ghana’s Criminal Offences Act, 1960 (Act 29), men cannot be classified as rape victims. The alleged acts against the Uber driver may constitute a misdemeanor rather than a felony, carrying a sentence of up to three years, compared to 5 to 25 years for rape.”

This means that what happened to the Uber driver, which many people see as serious rape, may only be treated as indecent assault or assault and battery, which is just a misdemeanor.

Akosua Anwenepa added that unlike felonious crimes like rape, misdemeanors may be subject to out-of-court settlement in accordance with the law. Financial compensation may also form part of the justice delivered to victims.

In simple terms, the three women who allegedly forced the Uber driver could just pay money and settle the case outside court, instead of going to jail for 25 years like a man who rapes a woman.

This has sparked serious debate in Ghana. Many people, including the President of the Young Lawyers Association, Noah Ephraem Tetteh Adamtey, have also raised concerns, saying the law does not protect men.

He said the driver can still report for assault, battery and false imprisonment under Sections 84 and 85 of Act 29, but the punishment is very small compared to rape.

For now, many Ghanaians are asking Parliament to quickly change the law to make it gender-neutral, so that both men and women can be protected equally.

Because as it stands, if a woman forces a man to have sex in Ghana, the law says it is not rape.

SamuelAppau feedback-opera-news-app@opera.com