A constitutional lawyer, Kwasi Fokuo Banyin, says that all sexual acts under unnatural carnal knowledge, including “oral sex” and anal sex, are crimes under the country’s Criminal Offenses Law.
He explained that although Ghanaian laws do not expressly prohibit same-sex associations, the Criminal Offenses Act; Sex Crimes, makes it a crime to have carnal knowledge that is not natural.
Speaking on At inka TV’s morning show, attorney Fokuo Banyin explained that, “Unnatural carnal knowledge is putting a penis anywhere other than a woman’s vagina.”
“So if we use that definition, definitely having gay sex or having anal sex is an offense and it will go for various other sexual acts, not just having anal sex or gay sex, even if you sleep with a woman in the anus it is an offense, Blowjob and anything else like it can also qualify for unnatural carnal knowledge, to that extent, you can say that Ghana’s laws do not allow same-sex sexual act, ”he said.
He also noted that Ghanaian laws do not allow same-sex marriage, adding that “when you enter into our marriage act, it defines marriage as a union between a man and a woman.”
The government has been asked to close the recently opened LBGT community space in Accra.
This was after the European Union pledged its support to civil society groups promoting lesbian, gay, bisexual and transgender rights in Ghana.
In reaction to the above, attorney Fokuo Banyin noted that Ghana’s marriage laws do not allow same-sex marriage, adding that, “When entering into our marriage act, marriage is defined as a union between A Man and a Woman”.
He said that a woman having sex with another woman cannot be unnatural carnal knowledge, and explained that, by nature, a woman does not have a penis.
“There is freedom of association, so that two women can be friends and identify as lovers, in the same way that two men can meet and associate as lovers, but at the moment when the man puts his penis in the man’s anus It is where he breaks the law, and a woman cannot marry a woman because our marriage law does not allow same-sex marriage,”he said.
Lawyer Fokuo Banyin also said that two women using sex toys cannot be classified as unnatural carnal knowledge because it is only a toy, although it looks like a penis.
For those who defend the rights of LGBT people, he said that they have not committed any crime, unless they do something that constitutes a physical attack on the freedom or rights of others.
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