Can A Woman Rape A Man? What Ghanaian Law Really Says

Story By: Deborah Adorsu

Can a man be considered a victim of rape by a woman? That is the question many are asking, as it appears female victims of rape receive more attention than male victims.

Here is what Ghanaian law says on the matter.

The current definition of rape does not recognise a man as a victim of rape under Section 98 of the Criminal Offences Act, 1960 (Act 29).

According to the President of the Young Lawyers Forum, Noah Ephraem Tetteh Adamtey, while a man subjected to forced sexual activity by women may be unable to pursue a rape charge, existing provisions of the law could still be used to prosecute the perpetrators for other offences.

Such conduct could amount to indecent assault where there has been forcible and non-consensual sexual contact.

His comment follows a reported incident involving a ride-hailing driver who alleged three women booked his vehicle, overpowered him during the trip and sexually asaulted him.

Mr.Afram noted that Sections 84 and 85 of Act 29 provide grounds for prosecuting such conduct, particularly where an individual is forcibly restrained or subjected to unwanted physical contact.

However, the lawyer said the disparity becomes more significant when the offences are compared with the punishment attached to rape, which he described as a serious felony, while offences such as indecent assault and false imprisonment attract less severe penalties.

This creates a potential gap in protection for men who are subjected to sexually exploitative acts by women.

The President of the Young Lawyers Forum described the issue as one requiring policy consideration, particularly in determing whether Ghana’s laws adequately protect male victims of non-consensual sexual violence.

The law does criminalize sexual assault against a man, but the punishment is different.

Rape is a first degree felony (which amount to 5-25 years), while indecent assault is a misdemeanour (with a minimum of 6 months).

The conduct can be illegal against any person, male or female, but when the victim is a man, it cannot be called rape