In the fight against child exploitation and abuse, it is essential for everyone to understand their responsibilities under the law. Many people are aware that defilement: engaging in any sexual activity with a minor is a serious criminal offence in Ghana. However, fewer people realise that you can also face severe legal consequences simply for allowing such a crime to happen on your property.
Section 106 of the Criminal and Other Offences Act, 1960 (Act 29), clearly states that the owner, occupier, or anyone managing a property who induces or knowingly permits a child under sixteen years of age to be on the premises for the purpose of being sexually exploited by another person, commits a criminal offence. This offence is punishable by a minimum of seven years and a maximum of twenty-five years imprisonment upon conviction.
This means that if you own or occupy a property, or are in any way involved in its management, you must be vigilant about the activities taking place there. Simply turning a blind eye or failing to act when you suspect a child is being put at risk can lead to severe criminal charges, even if you are not the one committing the act.
The Burden of Proof: Reasonable Belief
The law does provide a potential defence: if you genuinely and reasonably believed that the child was over sixteen years of age, this might protect you from prosecution. However, this belief must be reasonable under the circumstances, and the courts will closely scrutinise your claims. This means you cannot simply rely on assumptions or vague impressions. Instead, you must take reasonable steps to verify the age of any young person on your premises. This could include checking identification or being aware of the individual’s background if you are in a position of trust or authority.
Ignorance of the Law is Not an Excuse
It is crucial to understand that claiming ignorance of this legal responsibility will not shield you from prosecution. The principle that ‘ignorance of the law is no excuse’ is a cornerstone of most legal systems, including Ghana’s. Therefore, landlords, property managers, and even those assisting in the management of premises must be proactive in protecting children from harm and exploitation.
Be Guided: Take Responsibility
Given the severe consequences, it is vital for everyone, especially those in control of premises where children might be present, to be aware of their legal duties. Protecting children from abuse is a collective responsibility, and failing to act when you suspect abuse can have life-changing legal implications for you.
As GEM-GHANA continues to champion the rights and welfare of young people, we encourage all community members to stay informed, vigilant, and proactive in preventing harm to our children. Together, we can create a safer environment for the next generation.
Be Guided. Ignorance of the law is not an excuse.