Let the law be, leave age of sexual consent at 16

Supreme Court nominee Justice Philip Bright Mensah has advised against any changes to Ghana’s current law on the legal age of consent for sexual activity.

While the current Children’s Act of 1998 sets the legal age for marriage at 18, the Criminal Offences Act of 1960 allows individuals aged 16 and above to legally consent to sexual activity. The discrepancy has long raised concerns.

Critics have argued that allowing sexual consent at 16 while prohibiting marriage until 18 exposes young people—particularly girls—to risks such as teenage pregnancy, exploitation, and abandonment, without the protective legal and social structures that accompany marriage.

Appearing before Parliament’s Appointments Committee on Tuesday, June 17, 2025, Justice Mensah responded to a question from Pusiga MP, Laadi Ayii Ayamba, who raised concerns about maintaining both the legal age for sex and marriage at 18.

Justice Mensah acknowledged the complexities of the issue, particularly within the context of social realities and the limits of parental supervision.

“Will these girls wait till 18? That is a question we must also look at,” he said.

“If she remains in chastity till 18, that is well and good. But when you, as a parent, are sleeping and your child is somewhere you have no idea about, how can you control her?”

Given the current circumstances and enforcement challenges, he concluded, “the law should remain as it is, at least for now.”

His remarks add a new dimension to public discussions about adolescent protection, parental roles, and the scope of legal reforms affecting minors.

On Monday, June 16, another nominee, Justice Dennis Dominic Adjei, questioned inconsistencies in Ghana’s legal framework on the matter. He called for a critical review, asking: “If you cannot marry at 16, why have sex at 16?”