Question

with the aid of relevant authorities distinguish the law on rape and defilement under our Ghanaian criminal law regime

Answer 1

Law of Rape: Rape is clearly defined under Section 98 of the Ghana criminal Law Reigme as Forcfully, penetration of Female without her consent specially over and above the age of 16 years.

Whereas Defilement : It is the situation where the person having intercourse either with or wothout consent with the person below the age of 16 years. Such situation is considered as defilement and Not Rape.

Rape: Incident is considered rape if same has happened without consent and above the age of 16 years.

Defilement: Inceident is considered if same has happened either with or without consent below the age if 16 years. Here consent is not material becasue as per Ghana law , a person belwo the age of 16 years cannot give any legal Consent. hence liable for Defilement. If any consent has been in record same shall be not be treated as evidence of Consent in the law of court.

Second Difference: Convict shall be liable for imprisionment of not less than 5years and not more than 25 years.

whereas in defilement, convict shall be liable for imprisionment of not less than 7 years and not more than 25 years.