Supreme Court Judge, Sophia Ophelia Adjeibea Adinyira has recommended the amendment of Ghana’s criminal laws to make defilement a first-degree felony.
“Section 101 of Act 29 does not describe defilement as a felony, yet the sentence is severer than that of rape, which is described as a first degree felony, this encourages settlement out of court as section 73 of the Courts Act, 1993, Act 459 promotes reconciliation in criminal cases where the offence does not amount to felony and not aggravated in degree,” she stated.
A felony of the first degree is the most serious classified offense you can commit.
Mrs. Adinyira made the call on Tuesday in Accra during a panel discussion at the National Consultative Meeting on the Review of the Children’s Act, Juvenile Justice Act, and Related Laws.
The meeting was organized by the Ministry of Gender, Children and Social Protection under the auspices of UNICEF, as part of efforts to address gaps in the laws relating to children Ghana.
Other panel members were Sheila Minkah-Premo, a Legal Consultant and Susan Sabaa, the Executive Director of Child Research and Resource Centre.
Mrs. Adinyira said section 14 of the Children’s Act, 1998, Act 560 was not described as a misdemeanour.
She explained that the sentence of a maximum option of a fine of 250 penalty units or maximum one-year imprisonment or both provided in section 15 of the Acts was less severe, which needed to be reviewed to conform with section 109 of Act 29.
She said sexual offenders especially child molesters should be put on a special list on the Domestic Violence and Victim Support Unit (DOVVSU) platform/website.
Mrs. Adinyira, who served as a member of the United Nations Appeal Tribunal from 2009 to 2016, said the protection of the rights of a child was not only the responsibility of the Ministry of Gender, Children and Social Protection but a multi-sector responsibility.
Read also: Akufo- Addo angered by defilement of 4-year-old
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