Dr Biney Writes: When Love Becomes a Crime – Understanding the Law on Defilement in Ghana

It often starts like a normal love story. Two young people meet, exchange numbers, and before long, they start calling each other “baby.” For 19-year-old Kojo, it felt like love. Ama, his “girlfriend,” said she was 16, but he never really asked further. They spent time together, texted late into the night, and one weekend, things went too far. What Kojo did not know was that a few weeks later, Ama’s parents would report the matter to the police, and his “love story” would turn into a criminal case of defilement.

Under Section 101(1) of Ghana’s Criminal Offences Act, 1960 (Act 29), it is a serious offence for any person to have sexual intercourse with a girl under the age of 16, whether she agreed or not. The law makes it clear that a person below that age cannot legally give consent. The punishment? A minimum of seven years’ imprisonment, and in many cases, it can go up to 25 years.

Across Ghana, stories like Kojo’s are becoming more common. Many young men end up in court, not because they are violent or cruel, but because they simply do not understand the law. They say things like, “But she agreed,” or “She was my girlfriend.” Yet, the law is not moved by emotion. The moment the girl is under 16, it is considered defilement, not a relationship.

ALSO READ: Did You Know You Can Get Pregnant Before Your First Menstruation? Everything You Must Know

Some even boast about such acts among their friends, not realising the danger. But when the police knock, laughter turns into fear. In prison, many young men between 18 and 25 spend the best years of their lives regretting a mistake that could have been avoided. Their education stops, their families suffer, and their dreams are cut short. A moment of ignorance becomes a lifetime of consequence.

This is why understanding the law is so important. The Children’s Act, 1998 (Act 560) defines a child as anyone under 18 years old. It also gives every child the right to be protected from sexual abuse and exploitation. That means even if a girl looks mature or behaves like an adult, the law still protects her as a child. Her “yes” does not count in the eyes of the law.

Many people also forget that defilement is not limited to the act itself. Even attempting or helping someone to commit such an offence can land a person in trouble. Under Section 20 of Act 29, anyone who aids or encourages defilement can face the same punishment as the main offender. So, when friends say things like “go for it” or “she’s mature,” they could also be helping to break the law.

ALSO READ: Can Sucking a Woman’s Breast Really Reduce Breast Cancer Risk? Health Expert Sets the Record Straight

But this is not just about punishment; it is about protecting young people. The teenage years are confusing for both boys and girls. Many are curious, influenced by social media, and eager to experience love. Unfortunately, this often leads to situations where one person takes advantage of the other, knowingly or unknowingly. The law steps in not to destroy lives, but to prevent abuse, early pregnancy, and emotional harm that can last for years.

In some communities, parents even arrange or encourage relationships between young girls and older men for money or favour. That too is a crime. The law frowns on any form of child exploitation. Ghana’s Constitution and the Children’s Act both place a duty on parents, teachers, and society to protect minors from harm.

Kojo’s story is not unique. Many like him are now serving long sentences at Nsawam and other correctional centres. They talk about how they thought it was “love,” how nobody told them it was wrong, and how one mistake changed their entire future. One young man said, “If I knew this law, I would have never done it.” That single line carries a lesson for all of us.

ALSO READ: Can Your Landlord Frustrate You Into Leaving Your Home? Here’s What Ghana’s Rent Law Says

So, what can we do? Education is key. Young people must be taught, from school level, what consent really means and what the law says about sexual conduct. Parents, too, must speak openly to their children, not only about abstinence but also about legal responsibility. Social media campaigns, churches, and youth groups must also get involved. Ignorance should not continue to send our young people to jail.

Love is beautiful when it is right and responsible. But when it crosses the line of the law, it stops being love and becomes a crime. Let us remember: no matter how mature someone looks, if she is under 16, the answer is no. The law is not against love; it is against abuse and premature choices that destroy young lives.

ALSO READ: Top 10 Countries in Africa with the Most Expensive Internet Data: 2025 Rankings

Kojo’s story should remind us that in matters of the heart, knowledge of the law is as important as emotion. As a country, we must protect our children and also guide our youth so that love does not become a pathway to prison.

By Dr Michael Biney, SRHR Advocate