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Review law on defilement …to ensure proper compensation for victims
Justice Gloria Mensah-Bonsu
A High Court Judge of the Gender Based Violence (GBV) Department has called for a second look at Section 101(1) of the Criminal Offences Act 29 to ensure proper compensation for defilement victims.
According to the Act, one who commits such a criminal offence was liable on summary conviction to a term of imprisonment of seven years minimum or 25 years maximum.
This is a strict liability law with no option of a fine, according to the Judge, Justice Gloria Mensah-Bonsu.
She has observed that many parents/ families of victims of sexual molestation have been using cases as commodities for money making, thus not allowing such cases to go to their logical conclusions because they would not be compensated.
But, “if the law is amended so that there is an option for a fine for victims, such cases can go to their logical conclusions, because the family will know that at the end, they will get something.”
“That would be in addition to a term of imprisonment, so that if the perpetrator can pay a certain amount and go in for just a year, that person may even opt for that instead of seven or 25 years,” she stated.
Justice Mensah-Bonsu said this in an interview with The Spectator at a training on sexual exploitation and abuse prevention and response action plan.
It was organised by the GAMA/GKMA Project of the World Bank under the Ministry of Sanitation and Water Resources.
The Judge noted that most of the cases were perpetrated against people of low income class, some of whom lacked access to water and toilet facilities and so found such cases a commodity to make money because of intimidation and stigmatisation.
However, what they forget, she indicated was not the physical effect on the child but the long term psychological and emotional effects which would come later to play in their lives.
She urged parents/families of such victims to allow cases end logically so the law will deal with perpetrators to serve as deterrent for others.
Justice Mensah-Bonsu recalled a case she dealt with which the victim became pregnant.
She said “the perpetrator had only an ‘Aboboya’ which I went ahead to confiscate and gave it to the Registrar to work with it to provide money for the upkeep of the girl, since there was the need to take care of her.”
“The law is not looking at all these, so I think it should be looked at again,” she said.
The immediate past Head of the Domestic Violence and Victims Support Unit (DOVVSU) of Ashanti Region, Chief Superintendent (Rtd) Susan Dery, mentioned challenges police went through in prosecuting cases such as lack of support from families/parents due to negotiations for money.
She also identified withdrawal of cases due to money they would pay to medical doctors for proof of defilement without which there could be no evidence.
Mrs. Charlotte Adjei Marfo, Capacity Building and Training Coordinator of the GAMA Project of the Ministry of Sanitation and Water Resources, urged households to have toilets to reduce the incidence of sexual abuse.
She said the Ministry was supportive in providing places of convenience in households to reduce such incidences of girls and even boys being abused in line of going to toilet or fetching water.
The training was part of the Ministry of Sanitation and Water Resources November 19, 2021 launch of the GKMA-SWP project as part of government’s determination to find lasting solution to the water and sanitation problems in the country.
The World Bank funded project is expected to construct 30,000 household toilet facilities in the GKMA before the close of the project in December 2024, with the bio-digester toilet system being the main containment technology.
It is an extension of the Greater Accra Sanitation and Water Project (GAMA-SWP), which started from 2015.
In Kumasi, the project is being implemented in eight Metropolitan and Municipal Assemblies (MMAs) – Asokwa, Oforikrom, Old Tafo, Suame, Kwadaso, Asokore Mampong Municipal Assembly, Kumasi Metropolitan Assembly (KMA) and Ejisu Municipality.
From Kingsley E. Hope, Kumasi
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ASWIM lauds Prof Naana Jane Opoku-Agyemang
The Association of Women in the Media, (ASWIM) has congratulated Professor Naana Jane Opoku-Agyemang on her historic achievement as Ghana’s first female Vice President.
The association said her trailblazing journey with sterling accomplishments from academia to politics, is undoubtedly, a vivid inspiration to countless women and girls across Ghana and Africa.
This was contained in a statement signed by its president, Mrs Mavis Kitcher, and copied to The Spectator on Tuesday in Accra.
“ASWIM celebrates your remarkable career, marked by numerous firsts, including the first female Vice-Chancellor of the University of Cape Coast, (UCC), and the first female to hold a professional chair in Ghana, (UCC),” the statement said.
It said the accomplishments of Prof Opoku- Agyemang were clear testament to the brilliance, resilience and resourceful nature of the complete beautiful African woman.
“As she takes on this new role, ASWIM proudly lauds her commitment to education, women’s empowerment, distinguished public service and patriotism and is very confident that her pursuit of excellence, love for humanity, humility, decency, modesty and commitment to the welfare of the vulnerable will characterise Ghana’s political leadership and public service,” the statement added.
By Jemima Esinam Kuatsinu
Entertainment
Demolition of Fantasy Dome unfair — Mark Okraku-Mantey
Months after the Fantasy Dome was dismantled to make way for construction at the Ghana International Trade Fair site, the Deputy Minister of Tourism, Arts and Culture, Mr Mark Okraku-Mantey, has expressed concern over the manner the facility was destroyed.
In an interview on Daybreak Hitz with Andy Dosty, Mr Okraku-Mantey criticised the handling of the dome’s dismantling, suggesting that it could have been done without causing damage.
“I don’t think that leadership gave instructions that they should do what happened. The structure was a prefab but I hear the people destroyed it. That one, we cannot defend it. It is unfair to him (owner). Sometimes, you give instructions and people will go and do things that will make you look bad,” he stated.
When asked about any punitive measure against the workers responsible for the destruction, Mr Okraku-Mantey clarified that the Trade Fair does not fall under his ministry.
He said he had previously contacted the owner, Leslie Quaynor, to discuss relocating the dome, and even suggested the National Museum as a potential site, though it was too small.
The demolition of the 20,000-seater Fantasy Dome occurred on March 16, 2024.
According to Dr Agnes Adu, CEO of the Ghana Trade Fair Company Limited, the action was taken after multiple notices were given to Quaynor to vacate the premises for redevelopment, as per their tenancy agreement.
Dr Adu noted that all previous tenants had complied except for the Fantasy Dome.
Quaynor, in an interview with JoyNews, confirmed that his lease had ended, and was in the process of relocating the dome.
He had requested an extension, which was denied, leading him to seek a writ and an injunction from an Accra High Court to halt the demolition.
Despite this, the demolition proceeded, causing significant damage to the structure.
Quaynor described the incident as a major setback, not only for his business but also for the entertainment industry, which relies on venues like the Fantasy Dome.