By
Her Honour Judge Sedinam Awo Kwadam (Mrs.),
Circuit Court 7, Accra, Ghana.
LLM. Candidate, International Criminal Law and Justice,
Ghana Institute of Management and Public Administration (GIMPA),
Accra, Ghana.
25th May, 2025.
ABSTRACT
Sexual violence constitutes a grave violation of human rights, undermining bodily autonomy, dignity, and gender equality. Despite its severe and lasting repercussions, Ghana’s legal framework on ‘rape’ remains entrenched in antiquated law that inadequately addresses contemporary realities of sexual violence. This paper provides a critical analysis of the limitations inherent in Ghana’s legal definition of ‘rape,’ as interpreted in Gligah & Atiso v. The Republic per Sections 98 and 99 of the Criminal and Other Offences Act, 1960 (Act 29). The existing framework restricts the offence to penile-vaginal penetration, thereby excluding male and gender-nonconforming victims, as well as acts involving the use of modern technology or objects in sexually abusive conduct. Such limitations perpetuate systemic injustices and contravene Ghana’s obligations under international treaties, such as the Rome Statute of the International Criminal Court (ICC).
The paper draws on the ICC’s jurisprudence, particularly Prosecutor v Jean-Pierre Bemba Gombo, to underscore the necessity of defining ‘rape’ in terms of coercion and lack of freely given consent, rather than restrictive physical criteria. Through comparative jurisprudential analysis, this paper further highlights progressive reforms in jurisdictions such as South Africa, Kenya, and Nigeria, which have adopted expansive, gender-neutral definitions of ‘rape’.
The paper concludes with comprehensive legislative and policy recommendations, advocating for the enactment of a Sexual Offences Act that, amongst others, expressly redefines‘rape’ in alignment with international standards, prioritises victim-centred justice, and addresses emerging forms of sexual violence, including technology-facilitated crimes. Additionally, it calls for institutional reforms, capacity-building for law enforcement, and robust public education to foster a legal culture that upholds gender equality and human rights. By modernising its sexual offences framework, Ghana can rectify systemic gaps, ensure justice for survivors, and fulfil its constitutional and international obligations.
Keywords: Sexual violence, rape law reform, consent, Rome Statute, gender equality, human rights, Ghana.
CONTENTS
CHAPTER 2: THE CURRENT LEGAL FRAMEWORK IN GHANA.. 5
Doctrinal and Practical Deficiencies. 5
Judicial Interpretation and the Problem of “Carnal Knowledge”. 6
The Inadequacy of Section 103. 7
CHAPTER 3: THE CRIME OF RAPE AND THE ROME STATUTE OF THE ICC.. 7
Elements of ‘Rape’ per the Rome Statute. 7
The Rome Statute’s Transformative Jurisprudence on Rape. 8
CHAPTER 4: COMPARATIVE JURISPRUDENCE AND REGIONAL TRENDS. 9
CHAPTER 5: POLICY AND LEGISLATIVE RECOMMENDATIONS. 10
INTRODUCTION
Trigger Warning: The following scenario contains descriptions of sexual violence and assault, which may be distressing or triggering for some readers. If you find such content upsetting, you may wish to skip this section to the immediate NON-ITALIZED section or ensure you are in a safe and supportive environment while reading.
‘Nana Ama, a bright and ambitious young woman, had been looking forward to her evening date with Nana Yaw. They had met a few weeks earlier at a professional networking event, and his charm and intelligence had left an impression on her. On this particular evening, they agreed to meet for dinner at a popular restaurant in Accra. The evening progressed smoothly, and Nana Yaw suggested they continue their conversation in the comfort of his apartment.
Trusting him, Nana Ama agreed. At his apartment, Nana Yaw offered her a drink. Unbeknownst to her, the drink had been laced with a substance that left her disoriented and unable to resist. Seizing the opportunity, Nana Yaw used a dildo to engage in sexual acts with her without her consent. Nana Ama regained consciousness the following morning with a vague recollection of the events but physical discomfort and a deep sense of violation. She reported the incident to the police, and Nana Yaw was arrested and charged.
During his prosecution, Nana Yaw’s lawyer argued that under Ghana’s Criminal and Other Offences Act, 1960 (Act 29), ‘rape’ is defined as “carnal knowledge of a woman without her consent.”[1] The term “carnal knowledge” has been interpreted by Ghanaian courts to specifically mean penile-vaginal intercourse.[2] Based on this interpretation, the lawyer contended that since Nana Yaw did not use his penis but a dildo, he could not be convicted of rape. Instead, the defence suggested that the appropriate charge would be indecent assault under Section 103 of Act 29, which criminalises unwanted acts that violate the sexual dignity of another person. The prosecution, however, argued that the essence of rape is the absence of consent and that the violation Nana Ama suffered should not be dismissed on a technicality. The prosecution urged the court to consider the evolving nature of sexual offences and the broader purpose of the law to protect individuals from sexual violations.’
The scenario above underscores the significant limitations of Ghanaian criminal law in addressing the full spectrum of sexual violence. The current legal framework on ‘rape’, as defined by the Supreme Court in Gligah & Atiso v. The Republic, fails to reflect the evolving understanding of sexual violence as a gross violation of human dignity, autonomy, and bodily integrity. Unfortunately, Ghana’s current legal definition of ‘rape’[3] remains anchored in a patriarchal and heteronormative paradigm, failing to address the complexities of sexual violence in the modern era. Rooted in antiquated laws,[4] the reliance on the term “carnal knowledge,” as explained by the Supreme Court, reduces ‘rape’ to penile-vaginal penetration, thereby excluding other non-consensual penetrative sexual acts and disregarding critical aspects of victim protection. This gap in legal coverage not only undermines the protection afforded to survivors but also perpetuates a narrow conception of sexual offences, often excluding equally egregious acts of non-consensual penetrative sexual violation from the ambit of ‘rape’.
This paper argues that Ghana’s outdated definition of ‘rape’ must be reformed to align with international standards, such as those outlined in the Rome Statute of the International Criminal Court (ICC).[5] By adopting a broader, victim-centred approach, Ghana can address the inadequacies of its current legal framework and fulfil its obligations under international treaties. The Rome Statute offers an inclusive and comprehensive definition of ‘rape’, emphasising consent and accounting for a wide range of coercive circumstances.[6] This redefinition is not only necessary to ensure justice for survivors but also essential for fostering a legal system that upholds gender equity and human rights.
The paper is structured as follows: Chapter 2 critically examines the limitations of Ghana’s current legal framework, particularly Sections 98 and 99 of the Criminal and Other Offences Act, 1960 (Act 29), which through the Supreme Court in the Gligah & Atiso case, narrowly defines ‘rape’ in terms of gender-specific and act-specific criteria, highlighting the need for reform. Chapter 3 explores the Rome Statute’s expansive definition of ‘rape’, which centralizes the absence of consent and recognises the wide spectrum of sexual violations. Drawing on the ICC case, Prosecutor v Jean-Pierre Bemba Gombo, the Chapter underscores the importance of consent and the recognition of coercive environments in modern rape law.
Chapter 4 provides comparative insights from regional jurisdictions, including South Africa, Kenya, and Nigeria, where progressive legal reforms have broadened the scope of sexual offences and prioritised victim protection. Finally, the paper offers comprehensive policy and legislative recommendations in Chapter 5. These include enacting a Sexual Offences Act that redefines ‘rape’ to include all non-consensual sexual acts and emphasises consent as a core principle. The recommendations also call for addressing power dynamics in relationships, broadening the scope of sexual offences to include technology-facilitated crimes, thereby harmonising national laws with international standards. Thus, a comprehensive legislative overhaul is needed, incorporating gender-neutrality, expansive definitions of penetration, and clearer consent standards. Such reforms are not only essential for addressing systemic injustices but also for fulfilling Ghana’s constitutional commitments to dignity and equality, as well as its international human rights obligations.
Additionally, the paper emphasises the need to strengthen victim-centered support systems, enhance capacity-building for law enforcement and the judiciary, and promote public education on sexual violence prevention. Establishing a Sexual Offences Monitoring and Advocacy Body and advocating for collaborative reforms involving key stakeholders are also highlighted as critical steps toward achieving meaningful change.
In conclusion, modernising Ghana’s sexual offences framework is an imperative that cannot be delayed. By implementing these reforms, Ghana will not only address the glaring gaps in its current framework but also reaffirm its commitment to justice, equality, and the protection of human rights for all.
CHAPTER 2: THE CURRENT LEGAL FRAMEWORK IN GHANA
Sections 97, 98 and 99 of Act 29 in light of Gligah & Atiso v. The Republic
Ghana’s principal criminal legislation, the Criminal and Other Offences Act, 1960 (Act 29), constitutes the bedrock of the country’s penal framework, consolidating and amending pre-existing laws governing criminal conduct. While the Act’s long title emphasizes its dual purpose as both a codification and reform instrument, its provisions on sexual offences, particularly the definition of rape the Supreme Court rendered based on these provisions, remain entrenched in outdated legal paradigms that fail to align with contemporary jurisprudential standards and international human rights norms.
Chapter 6 of Act 29 delineates sexual offences, with Section 97 of Act 29 categorizing ‘rape’ as a first-degree felony, punishable by imprisonment ranging from five to twenty-five years.[7] This severe sentencing structure reflects the seriousness with which the law addresses rape.
Doctrinal and Practical Deficiencies
The current legal formulation of rape in Ghanaian law suffers from 2 critical deficiencies:
- Gender-Specificity: The Ghanaian law, per the Supreme Court’s pronouncements in the Gligah & Atiso case on Sections 98 and 99 of Act 29, exclusively recognises female victims and implicitly presumes male perpetrators, disregarding male and gender-nonconforming survivors of sexual violence. This binary framing contravenes the principles of equality enshrined in international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights.
- Act-Specificity: By confining rape to penile-vaginal penetration, the Ghanaian law neglects other forms of non-consensual penetration (e.g., oral, anal, digital, or instrumental), thereby denying justice to survivors of such acts. Comparative jurisdictions, such as South Africa (Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007) and the UK (Sexual Offences Act, 2003), have adopted gender-neutral, penetration-inclusive definitions, a model Ghana should emulate.
Judicial Interpretation and the Problem of “Carnal Knowledge”
The Ghanaian courts have long interpreted “carnal knowledge” in the narrowest of terms, holding that even the slightest penile penetration constitutes the offence (The Gligah & Atiso case). This restrictive interpretation betrays a lack of responsiveness to contemporary understandings of sexual violence, which recognize that rape can occur across a spectrum of acts and victims.
However, the substantive definition of rape per the Supreme Court in Gligah & Atiso speaking on Section 98 of Act 29 is troublingly restrictive, framing the offence as: “the carnal knowledge of a female of not less than sixteen years without her consent,” meaning “…the penetration of a woman’s vagina by a man’s penis. It does not really matter how deep or however little the penis went into the vagina.”
The term “carnal knowledge” has thus been judicially construed to refer specifically to penile-vaginal penetration, a definition that is both biologically reductive and exclusionary. Section 99 of Act 29 further provides that, “whenever, upon the trial of any person for an offence punishable under this Act, it is necessary to prove carnal knowledge or unnatural carnal knowledge, the carnal knowledge or unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration.” Compounding this narrow construction, Section 104(2) of Act 29 introduces the ambiguous concept of “unnatural carnal knowledge,” encompassing acts deemed contrary to “natural” intercourse, a provision steeped in colonial-era moralism and lacking precise legal delineation. This ambiguity underscores the law’s failure to engage with modern understandings of sexual violence.
Consequently, in the context of the scenario outlined in the Introduction of this paper, the act of using a dildo to penetrate a victim’s vagina would not legally constitute rape under current Ghanaian law, as the definition of ‘rape’ is narrowly limited to penetration by a penis. Moreover, if a female perpetrator were to non-consensually penetrate another female with a dildo, this act would similarly fall outside the legal definition of ‘rape’. Similarly, penetrating the mouth of the victim with the dildo would also not amount to ‘rape’. This glaring limitation highlights the inadequacy of Ghana’s rape laws. Such violations, under the existing framework, would instead be classified as indecent assault, a charge that fails to adequately reflect the severity of the harm inflicted on the victim or provide sufficient legal redress for their suffering.
The Inadequacy of Section 103
Section 103 of Act 29, criminalizes indecent assault, broadly defining it as unwanted sexual contact short of ‘rape’. Section 103 does not clearly define the range of behaviours that constitute indecent assault. The phrase “unwanted sexual contact” is left open to interpretation, which can vary widely depending on judicial discretion. This lack of specificity creates legal grey areas, particularly in cases that do not involve direct physical force but still involve significant power imbalances or coercive circumstances. This ambiguity can result in lenient charges or outright dismissal of such cases, leaving victims without justice.
The failure to distinguish between different degrees of indecent assault trivialises serious violations.
The ambiguity of Section 103 allows offenders to exploit its loopholes, often resulting in reduced charges or acquittals. This lack of clarity creates significant disparities in how cases are prosecuted, eroding public confidence in the justice system. Victims are left feeling invalidated, while perpetrators are emboldened by the lack of stringent accountability mechanisms.
It is therefore evident that the existence of Section 103 of Act 29 cannot be deemed sufficient to comprehensively address all forms of sexual contact not encompassed by the provisions and definition on ‘rape’ within the same Act.
CHAPTER 3: THE CRIME OF RAPE AND THE ROME STATUTE OF THE ICC
Definition of ‘Rape’ per the Rome Statute
The Rome Statute of the ICC defines rape as a crime against humanity when committed as part of a widespread or systematic attack against a civilian population. The definition provides a comprehensive and inclusive definition of rape that expands the scope of the offence beyond traditional legal conceptions.
It provides that:
“The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body” (Rome Statute of the ICC, Elements of Crimes, Article 7(1)(g)-1).
Elements of ‘Rape’ per the Rome Statute
The essential elements of the crime of ‘rape’ per the Rome Statute include:
- Invasion of the Body: The definition emphasises the invasion of a person’s body as the core element of the offence. The term “invasion” is deliberately chosen to encompass a wide range of non-consensual acts, underscoring the violation of bodily autonomy and integrity, central to the crime of ‘rape’.
- Penetration, However Slight: The definition explicitly states that penetration, no matter how minimal, constitutes the requisite physical act for the offence. This phrasing eliminates any ambiguity about the degree of penetration necessary to establish liability, ensuring that even the most minimal invasions are criminalised.
- Inclusion of Both Victim and Perpetrator’s Body: The statute broadens the scope of what constitutes ‘rape’ by recognizing that penetration can occur by any part of the body of the victim or the perpetrator. This provision ensures that acts such as forced oral penetration or penetration involving non-genital body parts (e.g., fingers) are included under the offence.
- Use of Sexual Organs, Objects, or Other Body Parts: The statute acknowledges multiple means of committing ‘rape’, whether through the use of sexual organs, objects, or other parts of the body. This inclusive phrasing accounts for instances of sexual violence that do not involve traditional genital contact, addressing the diverse forms of sexual harm inflicted on survivors.
- Anal and Genital Penetration: The provision specifies that ‘rape’ encompasses penetration of the anal or genital opening, aligning the definition with international norms that recognize non-consensual anal penetration as an equally grave offence.
The Rome Statute’s Transformative Jurisprudence on Rape
The definition of ‘rape’ under Article 7(1)(g)-1 of the Rome Statute represents a paradigmatic shift from traditional, heteronormative legal frameworks, advancing a rights-based approach that redefines sexual violence in terms of violations of bodily autonomy rather than archaic gendered constructs.
This framework aligns with International Human Rights norms (e.g., CEDAW General Recommendation No. 35 and the Istanbul Convention), ensuring that legal definitions reflect the lived realities of survivors rather than outdated socio-legal prejudices. By centering consent and power dynamics, the Statute addresses not only overt physical violence but also structural and psychological coercion, critical in conflict settings where systemic power imbalances facilitate exploitation.
The Rome Statute’s approach thus serves as a jurisprudential benchmark, demonstrating how legal systems can reconcile doctrinal precision with intersectional equity. Its adoption by the ICC underscores the imperative for domestic reforms to mirror this progressive ethos, particularly in jurisdictions like Ghana, where existing rape laws perpetuate impunity gaps and victim erasure.
In Prosecutor v Bemba (ICC-01/05-01/08), the ICC elaborated on the concept of consent and coercion. The Chamber found that coercive environments, such as armed conflict or militarised settings, negate genuine consent. The judgment also underscored that physical injury is not a prerequisite for establishing rape, affirming that psychological trauma and lack of freely given consent are sufficient.[8]
CHAPTER 4: COMPARATIVE JURISPRUDENCE AND REGIONAL TRENDS
South Africa
South Africa’s post-apartheid legal reforms resulted in the amendment of the country’s Criminal Law; Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (South Africa).[9]
Section 3 provides that any person (A) who unlawfully and intentionally commits an act of sexual penetration with a complainant (B), without the consent of B, is guilty of the offence of rape.
Chapter 1 of the Act provides Definitions and Interpretation of the provisions of the Act. It provides;
‘Sexual Penetration’ includes any act which causes penetration to any extent whatsoever by;
(a) the genital organs of one person into or beyond the genital organs, anus, or mouth of another person;
(b) any other part of the body of one person or, any object, including any part of the body of an animal, into or beyond the genital organs or anus of another person; or
(c) the genital organs of an animal, into or beyond the mouth of another person, and ‘sexually penetrates’ has a corresponding meaning.
South Africa’s Criminal Act comprehensively defines rape as any act of sexual penetration without consent, regardless of gender or marital status. Importantly, the Act expressly defines consent as voluntary and informed agreement, and extends coverage to anal, oral, and object penetration.[10]
Kenya
Kenya’s Sexual Offences Act 2006[11] represents a similarly progressive shift. Albeit, deficient in its definition with regards to the use of objects during the act of rape, it recognizes both male and female victims, provides a broad definition of rape and sexual offences, and includes explicit reference to marital rape. Consent is defined to exclude any situation involving force, intimidation, or incapacity.
Section 3(1) of the Sexual Offences Act, 2006 provides thus:
(1) A person commits the offence termed rape if;
(a) he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs;
(b) the other person does not consent to the penetration; or
(c) the consent is obtained by force or by means of threats or intimidation of any kind.
Nigeria
Although Nigeria’s Criminal Code remains restrictive, the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) introduces a modernized, comprehensive definition of rape.[12] It provides thus:
(1) A person commits the offence of rape if;
(a) he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else;
(b) the other person does not consent to the penetration; or
(c) the consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.
This modern definition of rape under the Violence Against Persons (Prohibition) Act 2015 (VAPP Act), criminalizes non-consensual penetration of any kind and acknowledges both male and female victims, as well as the use of any object.
CHAPTER 5: POLICY AND LEGISLATIVE RECOMMENDATIONS
To address the limitations of Ghana’s current sexual offences framework, the following integrated recommendations aimed at modernising the legal and institutional approach to sexual violence while aligning with international best practices are made:
- Enactment of a Comprehensive Sexual Offences Act
The enactment of a comprehensive Sexual Offences Act must prioritise several key reforms to ensure an inclusive and effective legal framework. First, it is essential to redefine rape by expanding its legal definition to encompass all forms of non-consensual penetrative sexual acts, and which definition would be irrespective of the genders of the victim or perpetrator. Furthermore, the Act should centre consent as a fundamental principle, establishing a clear and inclusive definition that emphasises consent as voluntary, informed, and ongoing, while invalidating any consent obtained through coercion, deceit, or incapacity. Together, these reforms would modernise the legal framework, ensuring that it reflects contemporary realities and provides comprehensive protection against sexual violence for all.
- Broaden the Scope of Sexual Offences
To broaden the scope of sexual offences effectively, the Sexual Offences Act must adopt a gender-neutral framework, ensuring that its language is inclusive and provides equal protection to individuals of all genders, sexual orientations, and gender identities. By addressing these issues comprehensively, the legal framework can better safeguard the rights and dignity of all individuals while remaining responsive to contemporary challenges.
- Harmonize National Law with International Standards
Harmonizing Ghana’s national law with international standards is an essential step toward ensuring a comprehensive and inclusive legal framework for addressing sexual offences. This can begin by incorporating the broader, victim-centered definition of rape under Article 7(1)(g)-1 of the Rome Statute, Elements of Crimes into Ghanaian law, thereby expanding the scope of legal protections and aligning with globally recognized best practices. In addition, Ghana must align its legal framework with international commitments, ensuring coherence with global standards and reinforcing the country’s commitment to combating sexual violence and discrimination. By integrating these international standards into national legislation, Ghana can foster a more robust and victim-centred approach to sexual offences.
- Strengthen Victim-Centred Support Systems
Strengthening victim-centred support systems is essential to addressing the multifaceted challenges faced by survivors of sexual offences. This can be achieved by establishing trauma-informed care centres that provide a holistic range of services, including medical treatment, psychological counselling, and legal aid, thereby ensuring that survivors receive comprehensive support throughout their recovery journey. Moreover, creating safe, anonymous, and accessible channels for reporting sexual offences, such as specialised hotlines and online portals, can encourage victims to come forward without fear of stigma or retaliation. Additionally, it is vital to develop a state-funded compensation scheme to address the financial burdens often borne by survivors, alongside robust legal provisions to ensure their safety during and after legal proceedings. Together, these measures create a supportive ecosystem that prioritises the well-being and empowerment of survivors while reinforcing their access to justice.
- Capacity-Building for Law Enforcement and Judiciary
Capacity-building for law enforcement and the judiciary is essential to effectively address sexual offences and ensure justice for survivors. To begin with, specialised training must be provided to police, investigators, prosecutors, and judges, equipping them with the skills to handle sexual offences with sensitivity and a victim-centred approach. In addition, it is crucial to establish dedicated units within law enforcement and the judiciary that focus exclusively on sexual offences, ensuring consistency, expertise, and a streamlined process for handling such cases. Furthermore, the adoption of international best practices, such as the use of forensic evidence and expert testimonies during trials, should be encouraged to enhance the quality and credibility of judicial proceedings. By integrating these measures, the legal system can become more adept at addressing the complexities of sexual offences and delivering justice effectively. Hence, the Domestic Violence and Victims Support Unit of the Ghana Police Service, along with the Gender-Based Violence Courts, must be significantly expanded and restructured to effectively address the needs of all victims, irrespective of their gender.
- Public Education and Community Engagement
Public education and community engagement are essential components of addressing sexual violence effectively. To begin with, implementing targeted national awareness campaigns is crucial for educating the public about the redefined sexual offences framework, the importance of consent, and the need to report incidents of sexual violence. In addition, engaging key stakeholders, such as traditional leaders, civil society organisations, and the media, is vital for destigmatising reporting and fostering widespread community education on these issues. Furthermore, integrating sexual violence prevention and consent education into school curricula plays a pivotal role in instilling awareness and promoting body autonomy awareness and respectful relationships from an early age. Together, these initiatives create a comprehensive strategy to build a society that is informed, proactive, and committed to combating sexual violence.
- Establish a Sexual Offences Monitoring and Advocacy Body
To ensure the effective enforcement and continuous improvement of sexual offences laws, it is imperative to establish a Sexual Offences Monitoring and Advocacy Body. This independent entity would be tasked with monitoring the implementation of sexual offences legislation, tracking relevant case statistics, and recommending necessary reforms to address emerging challenges. Moreover, the body should include diverse stakeholder representation, incorporating voices from government agencies, civil society organisations, survivor advocacy groups, and international partners to ensure a holistic and inclusive approach. Additionally, regular reporting on the effectiveness of these laws and interventions should be mandated, fostering accountability and transparency while providing valuable insights to guide future legal and policy developments.
- Advocate for Collaborative Legal Reforms
Advocating for collaborative legal reforms requires a concerted effort to mobilise key actors, including the Office of the Attorney General, the Ministry for Gender, Children and Social Protection, and civil society organisations such as Amnesty International and Human Rights Watch, to champion the necessary changes. Furthermore, active legislative advocacy is essential, involving close collaboration with parliamentarians to prioritise the passage of the Sexual Offences Act and expedite its enactment through legislative processes. By aligning these efforts, Ghana can establish a cohesive and impactful approach to modernising its sexual offences legislation.
CONCLUSION
The law must inherently reflect the evolving social conscience of society, serving as both a mirror and a catalyst for progress. Ghana’s continued reliance on an antiquated definition of rape, entrenched in the inadequate meaning of “carnal knowledge,” per the Gligah & Atiso Judgment stands in stark contradiction to contemporary human rights principles and the demands of international criminal law. This outdated framework not only constrains the legal recognition of the full spectrum of sexual violence but also perpetuates systemic injustices by privileging narrow, gendered, and heteronormative conceptions of sexual harm.
As this paper has demonstrated, a profound legal transformation is imperative; one that embraces a modern, consent-based, and inclusive definition of rape, as articulated in the Rome Statute of the International Criminal Court. Such a redefinition would expand the scope of protection beyond penile-vaginal penetration to encompass all forms of non-consensual sexually penetrative acts, irrespective of the gender of the victim or perpetrator, while centering consent as voluntary, informed, and ongoing.
Comparative insights from regional jurisprudence reveal that progressive sexual offences legislation is not only achievable but essential for fostering gender equality and protecting human dignity. The adoption of comprehensive reforms, including the enactment of a Sexual Offences Act harmonized with international standards, the strengthening of victim-centered support systems, capacity-building for law enforcement and judiciary, and robust public education, will collectively reposition Ghana as a beacon in the fight against sexual violence.
Failure to modernise the legal framework risks perpetuating impunity, eroding public trust in the justice system, and undermining the fundamental rights of survivors.
Obviously, a definition of carnal knowledge and invariably rape that is limited to penile penetration of a female is a profound disservice to the realities of sexual violence in modern society. Such a narrow interpretation excludes countless survivors and undermines the pursuit of justice.
To build a safer, more equitable society, our criminal laws must evolve to encompass the full spectrum of sexual offences, ensuring that every survivor’s experience is recognised and addressed. By broadening our legal framework through a comprehensive Sexual Offences Act, we will uphold the principles of dignity, justice, and accountability, reaffirming our collective commitment to safeguarding all individuals from the scourge of sexual violence.
[1] Section 98 of Act 29
[2] G/CPL Valentino Gligah and EC/1 Abdulai Aziz Atiso v. The Republic [2010] SCGLR 870
Criminal Appeal No. J3/4/2009 Decided on 6 May 2010 , Section 98 of Act 29
[3] Section 97 of the Criminal Offences Act, 1960 (Act 29).
[4] Ghana was under British rule officially from 1844 to 1957 when She gained her independence.
[5] The Rome Statute of the International Criminal Court is the international treaty that founded the Court. Comprising a Preamble and 13 Parts, it establishes the governing framework for the Court. Adopted at the Rome Conference on 17 July 1998, it entered into force on 1 July 2002, thereby creating the International Criminal Court.
The Statute sets out the Court’s jurisdiction over genocide, crimes against humanity, war crimes and – as of an amendment in 2010 – the crime of aggression. In addition to jurisdiction, it also addresses issues such as admissibility and applicable law, the composition and administration of the Court, investigations and prosecution, trials, penalties, appeal and revision, international cooperation and judicial assistance, and enforcement.
International Criminal Court, ‘Rome Statute of the International Criminal Court’ (International Criminal Court1998) <https://www.icc-cpi.int/publications/core-legal-texts/rome-statute-international-criminal-court> accessed 17 May 2025.
[6] Article 7(1)(g)-1 of the Elements of Crimes of the Rome Statute explains the scope of rape as; 1. The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.
- The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent.
- The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
- The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
[7] Section 97 of Act 29 states, “Whoever commits rape shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty five years.”
[8] Sylvia Steiner, Joyce Judge and Kuniko Ozaki, ‘Public with Annexes I, II, and a to F Judgment pursuant to Article 74 of the Statute’ (2016) <https://www.icc-cpi.int/sites/default/files/CourtRecords/CR2016_02238.PDF> accessed 17 May 2025.
[9] South African Government, ‘Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 | South African Government’ (Www.gov.za2017) <https://www.gov.za/documents/criminal-law-sexual-offences-and-related-matters-amendment-act> accessed 19 May 2025.
[10] Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (South Africa), s 3).
[11] Kenya Law, ‘SEXUAL OFFENCES ACT’ (2006) <https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/SexualOffencesAct_No3of2006.pdf> accessed 19 May 2025.
[12] Wikipedia, ‘Violence against Persons (Prohibition) Act 2015’ (Wikipedia15 August 2023) <https://en.wikipedia.org/wiki/Violence_Against_Persons_(Prohibition)_Act_2015> accessed 19 May 2025.
