General News of Saturday, 10 July 2010
Source: Daily Guide
Couples or any other consenting adults who have sex through any other 'route' other than through the vagina are flouting the laws of Ghana.
This was revealed by a lawyer and criminologist, Prof. Ken Attafuah, in an interview on Joy FM's Super Morning Show on Thursday.
He cited section 104 of the Criminal Code of Ghana which states that “unnatural sex”- sex through any part of the body other than through the vagina- is considered illegal.
“If two consenting adults engage in anal sex, under our law it is unnatural carnal knowledge; if married people do that, it is illegal,” he stated.
“Natural carnal knowledge is per vaginum. It is sexual intercourse between a man and a woman of adult, approved age but through the vagina. If it is through other places, then it is unnatural sex.”
That, he said, is a strict "old-fashioned" interpretation of the law.
He was speaking on the topic of homosexuality after a Joy FM documentary, 'Trapped In A Closet' explored in detail a topic which has been clouded with emotions, passions and morality.
Whilst homosexuality may also fall under unnatural sex, Prof. Attafuah maintains that the constitution guarantees the fundamental rights of the citizens, including sexual orientation, thereby creating a conundrum as to whether homosexuality is legal or not.
He said the majority of homosexuals do so voluntarily for no apparent reason. However, some are absolutely situational; the environment people find themselves in forces them into homosexuality.
“Where there is an unbalanced sex ratio, you tend inexorably to have unbalanced sexual behaviors,” he said.
He mentioned monasteries, single-sex boarding schools, prisons, as some of the environments prone to homosexuality, adding that “because of the deprivation, they compensate for it by resorting to what we call unnatural carnal knowledge.”
He called for a civil, dispassionate and less hypocritical way of discussing the topic of homosexuality.
Prof. Attafuah advocated homosexuality to be decriminalized if it was perceived as criminal, but added it should not be promoted.
He was unequivocal, however, that under no condition should the rights of a homosexual to occupation, education, religion be sacrificed just on the basis that they are homosexuals.
By Halifax Ansah-Addo