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Homosexuality This is what the laws of Ghana say about homosexuality - Ace Ankomah writes

There has been a heated debate among Ghanaians about the president’s latest comments on homosexuality.

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play Ace Ankomah

Legal practitioner, Ace Ankomah has been educating the general public on what Ghana’s law says about the act of homosexuality.

This comes on the back of the controversy surrounding the president’s latest comments on homosexuality.

President Nana Akufo-Addo has told Aljazeera that legalisation of homosexuality is bound to happen in Ghana if public opinion for it legalisation grows stronger.

“I don’t believe that in Ghana, so far, a sufficiently strong coalition has emerged which is having that impact on public opinion that will say: ‘Change it [the law], let’s then have a new paradigm in Ghana."

“I think it is something that is bound to happen like elsewhere in the world, they are activities of individuals of groups”, he said.

READ ALSO: Akufo-Addo's take on homosexuals is not different from Mahama's - Emile Short

Nana Akufo-Addo’s comments have, however, not gone down well with many Ghanaians, who feel that his comments suggest an endorsement of homosexuality.

But Ace Ankomah in a Facebook post stated that “Ghana law doesn’t criminalise ALL the wide range of acts that could be termed “homosexual” adding that, “The only relevant act that our law criminalises is “unnatural carnal knowledge,” which only occurs when there has been “the least degree of penetration.”

Below is the full post on Facebook:

OF HOMOSEXUAL ACTS AND GHANA’S CRIMINAL LAW

I was going to write a long article on this. But I won’t. M’abr?. I will state my views on what I think the law says, simply and bluntly. I expect some to disagree, but at least then we would be having an informed debate, hopefully.

1. Ghana law doesn’t criminalise ALL the wide range of acts that could be termed “homosexual.”

2. In general, the term “homosexual acts” applies to all bodily contact between persons of the same sex that is aimed at producing sexual gratification.

3. Sexual gratification can be had and obtained without what the law euphemistically calls “carnal knowledge,” as in “Adam KNEW his wife and she conceived...”

4. The only relevant act that our law criminalises is “unnatural carnal knowledge,” which only occurs when there has been “the least degree of penetration.”

5. And so let’s be blunt. That refers to SODOMY, ie PENILE penetration of the ANUS, as distinguished from the VAGINA in “carnal knowledge” simpliciter.

6. By analogy, in Republic v. Atiso & Gligah, the Supreme Court held WRT “carnal knowledge” simpliciter, that “least degree of penetration” means anything that goes beyond what is generally referred to as “brushing.” I will leave the relevant “unnatural” equivalent to your fertile imagination.

7. Thus any sexual act that either does not involve or stops short of penetration is NOT a crime in Ghana.

8. That is why lesbianism is not a crime, as is the case of every non-penile/non-penetrative homosexual act.

9. By the way, non-homosexual anal penetration (ie performed by men on women, whether consenting or not) is just as criminal as homosexual anal penetration.

Note that in this, I haven’t referred to “right” or “wrong.” I am just trying to present a picture of what I read from our criminal law.

Now let a news website reproduce this with the usual deliberately wrong and misleading headline, which will then shape the non-debate.

Kindly find it in your heart to pardon my typos.

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