Consent and age of consent
The Criminal Offences Act makes sexual activity with anyone under 16 defilement, regardless of consent, and the Domestic Violence Act 2007 covers sexual violence within relationships. Marital rape is not expressly criminalised. The Domestic Violence and Victim Support Unit of the police is the designated reporting route.
Key points
| Definition | Rape and defilement are defined in the Criminal Offences Act 1960 |
|---|---|
| Marital rape | The marital exemption in section 42(g) of the Criminal Offences Act was repealed in 2007; no provision names marital rape expressly |
| Criminal Offences Act | Defines rape and defilement; defilement covers anyone under 16 |
| Domestic Violence Act 2007 | Covers sexual violence within relationships |
| DOVVSU | The police Domestic Violence and Victim Support Unit handles these cases |
| Free medical form | The police medical form should be issued without charge |
In practice
- Report to DOVVSU rather than a general police station.
- Insist that the police medical form is issued free of charge.
Worth knowing
Being charged for the police medical form is a persistent and unlawful practice. The form is free, and DOVVSU can confirm this.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Domestic Violence Act 2007 covers physical, sexual, economic and emotional abuse, with protection orders and a dedicated police unit.
Protection rests on the Domestic Violence Act 2007, which covers physical, sexual, economic and emotional abuse and provides protection orders from the courts. The Domestic Violence and Victim Support Unit of the Ghana Police Service is the designated reporting route, with offices in every region.
Key points
| Domestic Violence Act 2007 | Covers physical, sexual, economic and emotional abuse |
|---|---|
| Protection orders | From the courts, with police powers to arrest for breach |
| DOVVSU | Police unit dedicated to domestic violence and victim support |
| Free medical treatment | The Act provides for free medical care for victims |
In practice
- Report at DOVVSU rather than a general police station.
- Ask for the free medical care the Act provides; it should not be charged for.
Where to go
- DOVVSU offices of the Ghana Police Service.
- Domestic Violence Secretariat and the national helpline.
- Ark Foundation and other shelters and legal aid providers.
Worth knowing
The Act entitles victims to free medical treatment. Being asked to pay for the medical report is unlawful, and DOVVSU can confirm this.
The general article: Domestic violence · Compare with another country
Female genital mutilation
Ghana criminalised FGM in 1994 and broadened the offence in 2007 to cover anyone who carries out, procures or assists the practice, with a minimum sentence. National prevalence is low, but it remains significant in the Upper East and Upper West regions and among migrant communities from neighbouring countries.
Ghana criminalised the practice in 1994 and strengthened the offence in 2007, raising the penalty and widening the range of people who can be prosecuted to include those who arrange or assist. Prevalence is confined to the far north of the country and has fallen markedly, though enforcement in remote districts remains difficult and cases are often settled within communities rather than reported.
Key points
| Statute | Criminal Code amendments of 1994 and 2007 |
|---|---|
| Minimum sentence | Provided for by the 2007 amendment |
| Scope | Covers carrying out, procuring and assisting |
| Prevalence | Low nationally, concentrated in the Upper East and Upper West |
| Cross-border | Cutting sometimes takes place across the northern borders |
| Reporting | Through DOVVSU, the police domestic violence unit |
| Care | Available in regional hospitals |
In practice
- Cross-border cutting is a known pattern in the north: report planned travel if you are concerned.
- Community and traditional leaders are central to prevention programmes.
Where to go
- DOVVSU, the police domestic violence and victim support unit.
- Department of Social Welfare.
- Regional hospitals for treatment of complications.
Worth knowing
The northern borders are porous, and cutting sometimes takes place in a neighbouring country to avoid Ghanaian law. Reporting planned travel is what allows intervention.
Frequently asked questions
What did the 2007 amendment change?
It raised the minimum sentence and widened liability beyond the person who performs the procedure to those who arrange, assist or procure it, including parents. It also made clear that custom is not a defence.
Who enforces it in practice?
The Domestic Violence and Victim Support Unit of the police, working with the Department of Gender and with chiefs and community leaders in the northern districts. Reporting is the weak point: most cases never reach the unit.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Ghana may prosecute as the place where the act happened, and the offender's own country, by nationality or residence, may do so as well.
Ghanaian law criminalises defilement and the sexual exploitation of children, with a dedicated police unit.
Ghana prosecutes sexual offences against children under the Criminal Offences Act and the Children's Act, and the Human Trafficking Act covers exploitation including the movement of children for sexual purposes. For a foreign visitor, the operative law is usually two-fold: Ghanaian law as the place of the act, and the visitor's home law, which in most Western countries reaches the conduct regardless.
Frequently asked questions
Which law applies to a visitor in Ghana?
Both. Ghanaian criminal law applies to conduct in Ghana, and the visitor's home state will usually also have extraterritorial jurisdiction over offences against children. A prosecution in one does not preclude the other, and Ghanaian authorities cooperate with foreign investigations.
The general article: Sexual offences committed abroad · Compare with another country
General sources
- Ghana.gov — official government portal