The Supreme Court has affirmed the constitutionality of the law that bans unnatural carnal knowledge, including anal sex.
On Wednesday, July 24, 2024, a unanimous seven-member panel dismissed a writ challenging Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
This follows a writ filed by a lecturer at the University of Ghana Law School, Dr Prince Obiri-Korang, Section 104 (1) (b) criminalizes unnatural carnal knowledge of a person aged 16 and above, even with their consent, classifying it as a misdemeanor.
Section 104 (2) further defines unnatural carnal knowledge to include sex in an unnatural manner or with an animal.
Dr Obiri-Korang argued that Section 104(1)(b) violated several constitutional rights: the right to privacy under Article 18, the right against discrimination under Article 17, and the protection of personal liberties under Article 14 of the 1992 Constitution.
Source: Graphic Online
