Citation

Archampong E, Sampson F. Can. J. Women Law 2010; 22(2): 505-534.

Copyright

(Copyright © 2010, University of Toronto Press)

DOI

10.3138/cjwl.22.2.505

PMID

unavailable

Abstract

This article analyzes the legal regulation of marital rape in Ghana from a substantive equality perspective. Currently, the equality jurisprudence in Ghana is insufficiently developed to provide the necessary foundation to establish the state's obligation to criminalize marital rape. Therefore, this article uses two judicial decisions, Doe v. Metropolitan Toronto (Municipality) Commissioners of Police and Hadijatou Mani Koraou v. Niger to explore the challenges in arguing that Ghanaian law is discriminatory in its treatment of marital rape. The article develops a substantive equality analysis of the harm resulting from the legal impunity for marital rape in Ghana and constructs an analysis of how marital rape constitutes sex discrimination. The article includes an examination of the history of the Ghanaian marital rape legislation, the impact of the legislation, including the ways in which women are disadvantaged under the legislation by the perpetuation of sexist myths and stereotypes, and the legal tools available to address the discriminatory legislation. The article also examines how the experience of colonization has contributed to the inequality associated with the legal treatment of marital rape in Ghana. The application of customary law to marital rape claims is also examined.