By Chioma Phillips-
Deliberately denying a spouse sexual relations may attract criminal punishment, including imprisonment of up to 2 years n Ghana. Under the newly expounded law, private matters between two married couples can end up in the court room, falling under criminal conduct when the withdrawal of sex causes emotional harm.
The police say such behaviour is recognised by law and can be prosecuted if reported and proven. Assistant Commissioner of Police Dennis Fiakpui explained that Ghana’s Domestic Violence Act, Act 732 of 2007, classifies some conduct in marriage as emotional abuse.
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The Statute Act 732 of 2007 defines domestic violence to include psychological and emotional abuse.
Under the offence classification, persistently refusing to engage in sexual relations with a spouse may be deemed emotional or psychological abuse.
Conviction under this Act for such behaviour can result in a jail term of up to two years.
Authorities emphasized that this applies equally to both men and women.
Victims are encouraged to report such cases to the Domestic Violence and Victim Support Unit (DOVVSU).
This interpretation has gained attention through warnings from police officials, such as Assistant Commissioner of Police (ACP) Dennis Fiakpui, who highlighted that this applies to deliberate withholding of sex that causes emotional distress.
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He said withholding sex from a spouse in a way that causes emotional distress is covered by the law.
“Denying your partner sex can amount to emotional abuse,” Fiakpui said.
The senior police officer noted that a spouse who files a complaint and proves emotional abuse in court may secure a conviction against the offending partner. Upon conviction, the offender could face up to two years in prison.
Fiakpui clarified that the law is not gender-biased. He said women who intentionally deny their husbands sexual relations could be charged under the Act, and husbands who deny their wives sexual intimacy may also face investigation and prosecution. He further explained that emotional abuse in marriage goes beyond sexual matters.
The expounded law states that actions that consistently cause emotional pain, humiliation, or distress to a partner may form the basis of a complaint at the Domestic Violence and Victim Support Unit (DOVVSU). The new clarification may potentially spark court cases in any such matters affecting various people.
Fiakpui cited examples such as a husband repeatedly refusing to eat his wife’s food, deliberately staying out late, or engaging in conduct that leaves a partner emotionally distressed can be reported to the police. There are believed to be thousands of partners suffering in silence when it comes to total abandonment by their spouse for reasons associated with spite or psychological dominance.
He urged individuals experiencing emotional abuse in their marriages to seek help from the authorities instead of enduring the situation in silence.
The Police Commissioner concluded that the police remain committed to protecting victims and enforcing the provisions of the law.
The newly applied interpretation is based on the argument that such persistent, unjustified refusal constitutes a form of cruelty that causes emotional distress to the partner.
While the Domestic Violence Act (Act 732) is used to prosecute emotional abuse, it is important to note that the Act was initially intended to also criminalize marital rape, but that specific provision was removed before its passage. However, recent legal interpretations have indicated that the Criminal Offences Act 1960 (Act 29), read alongside the Domestic Violence Act, now generally prohibits marital rape
The theatrical showdown that remains to be seen is how how many of such aggrieved partners will be able to effectively prove their case of sexual deprivation or emotional distress under those circumstances.
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