Supreme Court Rules Anti-Anal Sex Law is Constitutional.
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The Supreme Court has upheld the constitutionality of the law prohibiting unnatural carnal knowledge, including anal sex.
In a unanimous ruling on Wednesday, July 24, 2024, the seven-member panel rejected a challenge to Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29). The decision was delivered by Justice Paul Baffoe-Bonnie, though the full written reasoning will be made available at the court’s registry.
The challenge was brought by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School, who argued that Section 104(1)(b) infringes upon privacy rights under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Section 104 (1) (b) criminalizes unnatural carnal knowledge of individuals aged 16 and above, even with consent, categorizing it as a misdemeanour. Section 104 (2) further defines “unnatural carnal knowledge” as sexual acts that are considered unnatural or involve animals.
