Supreme Court nominee Justice Philip Bright Mensah has cautioned against altering Ghana’s current legal age of consent for sexual activity, despite ongoing public debate and a notable discrepancy within the nation’s legal framework.
During his appearance before Parliament’s Appointments Committee on Tuesday, June 17, 2025, Justice Mensah addressed a direct question from the legislator for the Pusiga Constituency,Laadi Ayii Ayamba, who had voiced concerns about maintaining a two-year gap between the legal ages for sexual consent and marriage.
Ghana’s Children’s Act of 1998 stipulates 18 as the legal age for marriage, yet the Criminal Offences Act of 1960 permits individuals aged 16 and above to legally consent to sexual relations. This divergence has long been a source of contention among advocates and legal experts.
Critics argue that allowing sexual consent at 16 while prohibiting marriage until 18 leaves young people, particularly girls, vulnerable to significant risks. These concerns include heightened exposure to teenage pregnancy, exploitation, and abandonment, often without the legal and social protections afforded by marriage.
Justice Mensah acknowledged the intricate nature of the issue, emphasizing its roots in prevailing social realities and the inherent limitations of parental oversight. “Will these girls wait till 18? That is a question we must also look at,” he posed.
He further elaborated on the challenges faced by parents: “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?”
In light of existing societal conditions and the practical difficulties of enforcement, Justice Mensah concluded that “the law should remain as it is, at least for now.”
His commentary introduces a new perspective into ongoing public discourse surrounding adolescent protection, the evolving roles of parents, and the potential scope of legal reforms impacting minors.
Story By: Eugenia Ewoenam Osei
