If you cannot marry, why have sex – Supreme Court Judge nominee questions sexual age consent

Supreme Court judge nominee, Justice Dennis Dominic Adjei, has raised concerns about what he termed as inconsistencies within Ghana's legal framework regarding the age of sexual consent and the legal age for marriage.

Speaking during his vetting by Parliament's Appointments Committee on Monday, June 16, 2025, Justice Adjei described the discrepancy as a legal and social gap that must be addressed to protect the country’s youth and ensure coherence in the law.

In his submission, he questioned why the law permits individuals to engage in consensual sexual activity at 16 years old yet prohibits them from marrying until they are 18.

“So, if you are 16, and the person voluntarily has sex, you cannot blame any of the parties. But the person cannot marry until 18. What happens within that period, the gap?

“I think in future we can fill that gap. If you cannot marry, don’t have sex. So why can’t we make it straightforward 18 years?” Justice Adjei asked.

He further expressed his support for Ghana's defilement laws, which criminalize sexual activity with persons under 16, regardless of gender or consent.

“That is why I am happy with the laws on defilement. It is neutral, whether male or female, it is immaterial. Once you have sex with a person under 16, with or without consent, you commit defilement.”

Justice Adjei also emphasised the need to safeguard young people by promoting education and skill development before marriage.

“Why can’t we wait for the child to get an education, to learn a trade, so that in the future, if there is a dissolution of marriage, the child can survive?” he asked.

The Children’s Act of 1998 sets the minimum age for marriage at 18 years, while the Criminal Offences Act of 1960 allows individuals as young as 16 to legally consent to sexual activity.

This has led to a situation where minors are legally allowed to engage in sex but are not permitted to marry until two years later.

AM/KA

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