Private legal practitioner Noah Ephraem Tetteh Adamtey has waded into the debate over Ghana’s rape law following an alleged incident in which an Uber
Private legal practitioner Noah Ephraem Tetteh Adamtey has waded into the debate over Ghana’s rape law following an alleged incident in which an Uber driver was reportedly overpowered and forced to have sex by three women.
According to the President of the Young Lawyers Association, the case highlights a gap in Ghana’s laws because Section 98 of the Criminal Offences Act, 1960 (Act 29), does not recognise a man as a victim of rape under the current definition of the offence.
Speaking to Accra-based Citi News, Mr Adamtey explained that while the alleged conduct may not be prosecuted as rape where the victim is a man and the alleged perpetrators are women, other offences including indecent assault, assault, battery and false imprisonment could apply depending on the circumstances.
He cited Sections 84 and 85 of Act 29 as provisions that could apply where an individual is subjected to unwanted physical contact or unlawfully restrained.
However, the lawyer said the disparity becomes more significant when the possible offences are compared with the punishment for rape, which is treated as a serious felony.
He noted that offences such as indecent assault and false imprisonment generally carry less severe penalties, potentially leaving male victims of sexual violence with lesser legal protection than female victims in comparable circumstances.
Mr Adamtey said there could, however, be circumstances in which the conduct against a male victim reaches the legal threshold for rape.
“If the manner in which the woman had the sexual contact with the man gets to 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 said.
His comments follow a reported incident involving a ride-hailing driver who alleged that three women booked his vehicle, overpowered him during the trip and forced him to have sex against his will.
The driver, who lives at Kasoa Budumburam, made the allegation in an interview on 3ntowoada, a programme hosted by Akosua Ahwenepa Gyambiby and aired every Thursday from 10:00 am to 12:00 pm on Kasapa FM and Agoo TV.
“There are three women who live in the neighbourhood that I’m not too familiar with. They requested my services to take them to East Legon Hills, and because of the nature of Uber, you mostly don’t get trips when operating in Kasoa,” he recounted.
“Immediately, I entered the apartment; one of the women locked the door and took away the keys. All three women were well-built and stout, while I am smallish, so they overpowered me and began running their hands all over my body,” he alleged.
The driver said he pleaded with the women to release him but claimed they ignored his pleas.
“I asked to leave immediately, but they ignored my pleas. One of them pinned my legs against the bed, making me unable to move, while all three of them took turns having their way with me,” he alleged.
According to him, he became weak after the alleged incident and struggled to return to his vehicle, where he slept for about two hours.
“I couldn’t move after the ordeal because I was weak after the encounter. I dragged myself slowly into my car, where I managed to sleep for about two hours,” he recounted.
COMMENTS