Sex Toys and Anal Sex Still Unlawful in Ghana
Sex Toys And Anal Sex – In 2024, Ghana’s Supreme Court ruled against the use of sex toys and anal sex. The apex court upheld the Colonial-Era Law Despite Human Rights Concerns. The ruling was Unanimous
On July 25, 2024, the Supreme Court of Ghana delivered a unanimous ruling that firmly upholds the ban on sex toys and anal sex.
The court declared that using dildos and vibrators for sexual pleasure remains unlawful under the Criminal Offences Act, 1960 (Act 29).
Furthermore, the panel ruled that anal sex, even when practiced by consenting adults, is still a criminal offense.
Details of the Case and Challenge
The case was brought forward by Dr Prince Obiri-Korang, a University of Ghana law lecturer. He challenged Section 104(1)(b) of Act 29, which criminalizes “unnatural carnal knowledge.” He argued that the provision violates key constitutional rights, including liberty, privacy, and non-discrimination.
Nevertheless, the Supreme Court dismissed his arguments. The seven-member panel, led by Justice Paul Baffoe-Bonnie, concluded that the law does not infringe on constitutional freedoms. The court stated clearly, “There is no merit in the action. In the circumstances, the whole action fails and same is dismissed.”
Who Sat on the Panel?
The panel included prominent justices: Avril Lovelace Johnson, Issifu Omoro Tanko Amadu, Emmanuel Yonny Kulendi, Ernest Gaewu, Yaw Darko Asare, and Richard Adjei-Frimpong. Together, they upheld the long-standing legal interpretation of “unnatural carnal knowledge.”
Understanding Section 104 of the Criminal Offences Act
The court’s decision rests on Section 104 of Act 29, which outlines three main categories:
1. Sexual acts with minors under 16 years of age. Classified as a first-degree felony, punishable by 5–25 years imprisonment.
2. Unnatural carnal knowledge between consenting adults. Classified as a misdemeanor, punishable by up to 3 years in prison.
3. Sexual acts with animals. Also classified as a misdemeanor.
Importantly, the law defines “unnatural carnal knowledge” as “sexual intercourse with a person in an unnatural manner or with an animal.” However, it leaves “unnatural manner” undefined, creating room for broad interpretation.
Sex Toys And Anal Sex Ruling – What This Means for Ghanaians
As a result of the ruling, anal sex remains illegal, and sex toys such as dildos and vibrators cannot be legally used for self-pleasure. Consequently, Ghanaians who engage in such acts risk criminal charges, even in private settings.
Furthermore, the ruling signals a broader rejection of calls to modernize sexual rights laws. Many activists believe the law reflects outdated colonial-era morality rather than contemporary human rights standards.
Human Rights Groups React Strongly
Human Rights Watch and other rights groups have condemned the judgment. They argue that Ghana is clinging to colonial-era restrictions at the expense of personal freedoms. According to them, the decision undermines privacy, equality, and sexual autonomy.
Moreover, critics stress that the court has missed an opportunity to align Ghana’s legal system with international human rights principles. They also warn that the decision could fuel stigma against LGBTQ+ individuals and restrict access to sexual health rights.
Global Context
Globally, Ghana now remains among a small number of countries that still enforce legal bans on sex toys and anal sex. While several nations have reformed such laws, Ghana’s decision highlights the tension between traditional values and modern rights-based reforms.
Conclusion
Ultimately, the Supreme Court ruling sends a clear message: sex toys and anal intercourse remain unlawful in Ghana. Supporters argue this preserves moral order, while opponents insist it erodes constitutional rights and personal freedoms.
The debate will likely continue, but for now, the law remains firmly intact.
Sex Toys And Anal Sex Ruling
