Crime

“If You Can’t Marry at 16, Why Have Sex at 16?” – Justice Adjei Questions Ghana’s Legal Inconsistencies [VIDEO]

 

Supreme Court nominee Justice Dennis Dominic Adjei has raised concerns about a perceived inconsistency in Ghana’s legal framework regarding the age of consent and the legal age for marriage.

Appearing before Parliament’s Appointments Committee on Monday, June 16, 2025, Justice Adjei posed a piercing rhetorical question:

“If you cannot marry at 16, why have sex at 16?”

His statement highlighted a long-standing legal and social dilemma: while the Children’s Act of 1998 sets the minimum age for marriage at 18 for both sexes, the Criminal Offences Act of 1960 allows individuals as young as 16 to legally consent to sex.

This discrepancy means that although 16-year-olds in Ghana can lawfully engage in sexual activity, they are legally barred from marrying—a contradiction that has sparked debate among legal experts, child rights advocates, and social workers.

Critics argue that this legal gap exposes minors to potential abuse, increases the risk of teenage pregnancies, and complicates the prosecution of defilement cases. They contend that permitting consensual sex at 16 while prohibiting marriage until 18 sends conflicting messages and undermines the protection of young people.

Justice Adjei’s intervention has been interpreted as a call for legislative reform and harmonisation of Ghana’s age-related laws to ensure consistency and stronger safeguards for children.

As his vetting continues, Justice Adjei—widely respected for his work in judicial education and human rights—has positioned himself as a voice for critical legal reflection on issues that deeply affect Ghanaian society.

His comments are expected to reignite national conversations about aligning legal standards with the best interests of minors and the broader goals of child protection.

Credit: David Apinga

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