LGBTQI+: 'Blow job', other sex acts may be criminal offences - Lawyer

A constitutional lawyer, Kwasi Fokuo Banyin says all sexual acts under unnatural carnal knowledge, including “blow job”, anal sex are offences under the Criminal Offences Act of the country.

He explained that although Ghana’s laws do not ban expressly same-sex association, the Criminal Offences Act; Sexual Offences, makes it an offence to have carnal knowledge which is unnatural.

Speaking with Ekourba Gyasi on Atinka TV’s morning show, Ghana Nie, Lawyer Fokuo Banyin explained that, “Unnatural carnal knowledge is putting a penis in any parts other than the vagina of a woman.”

“So if we are using that definition, then definitely having gay sex or having sex through the anus is an offence; and it will go for several other sex acts, not only having sex through the anus or gay sex, even if you sleep with a woman through the anus it is an offence. Blow job and any other similar things may also qualify for unnatural carnal knowledge, to that extent, you can say the laws of Ghana do not allow for the same-sex act,” he said.

He also noted that Ghana’s laws do not permit same-sex marriage, adding that, “When you go into our marriage act, it defines marriage as a union between a man and a woman.”

There have been calls on the government to close down the LBGT community space which was recently opened in Accra.

This was after the European Union pledged its support for civil society groups that promotes the rights of Lesbians, Gays, Bisexual and Transgender in Ghana.

Reacting to the above, Lawyer Fokuo Banyin noted that Ghana’s laws on marriage do not permit same sex marriage, adding that, “When you go into our marriage act, it defines marriage as a union between a man and a woman.”

He said a woman having sex with another woman cannot be an unnatural carnal knowledge, explaining that by nature, a woman does not have a penis.

“There is freedom of association, and so two females can be friends and identify themselves as lovers, the same way two males can meet and associate themselves as lovers, but the moment the man puts his penis in the anus of the man, that is where he falls foul of the law, and a woman cannot marry a woman because our law on marriage does not allow same sex marriage,” he said.

Lawyer Fokuo Banyin also said two women using sex toys cannot be classified as unnatural carnal knowledge because it is just a toy although it looks like a penis.

For those advocating for the rights of LGBT, he said they have not committed any offence, unless they do anything that constitutes a physical attack on the freedom or on the right of others.

“..But if you are advocating that LGBT does not conform with our values as Africans, our values as Christians or as Muslims, it does not conform with our customary values and so we have not evolved to accept it as part of us, then we have to change the laws expressly; for that, you are only advocating for a change in the law and that is not an offence. But if you organise a mob action against someone, or his office or properties because he is gay, then you have committed an offence,” he said.

For those who are advocates, he said,” They feel the current state of the law does not accept their interest and they identify themselves as such so they deserve the protection of the law. If they advocate for a change in the law, they have not committed any crime, but if you engage in the act, then you have committed a crime,” he added.