Law Regarding Same-sex Sexual Activity
Under Ghanaian criminal law, same-sex sexual activity among males is illegal. It is uncertain whether same-sex sexual activity among females is illegal.
Chapter 6 of the Criminal Code, 1960, as amended by The Criminal Code (Amendment) Act, 2003, provides:
- Section 104. Unnatural Carnal Knowledge.
(1) Whoever has unnatural carnal knowledge —
(a) of any person of the age of sixteen years or over without his consent 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; or
(b) of any person of sixteen years or over with his consent is guilty of a misdemeanour....
(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner....
Under Section 99, "unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration".
According to Section 296 of the Criminal Procedure Code, which applies because of Section 1 of the Criminal Code, a misdemeanour is punishable by imprisonment for not more than three years.
Section 12(2) of Chapter 5 of the Constitution of Ghana provides that, "Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest."
Read more about this topic: LGBT Rights In Ghana
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