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Man jailed 7 years for defiling a 5-year-old child in Wa
Man jailed 7 years for defiling a 5-year-old child in Wa
By: Nii Ammui Fio | 4 mins read
The Wa Circuit Court has sentenced Issahaku Waris, a 31-year-old resident of Wa Zongo, to seven years imprisonment for defiling a 5-year-old female child.
The court presided over by His Lordship Jonathan Avoogo gave his ruling on Friday, July 18. The unlawful act, according to the Ghana Police Service, occurred on Thursday, April 24.
The convict was apprehended on Saturday, April 26, by officers of the Domestic Violence and Victim Support Unit (DOVVSU) and swiftly put before the court.
The victim’s family and the community, who were cooperative, aided the diligent investigation carried out by the DOVVSU.
The Police noted the conviction in the defilement case underscores its unwavering commitment to justice and the protection of vulnerable members of society. It has thus encouraged members of the general public to report all forms of abuse promptly.
The Criminal Offences Act, 1960, defines defilement in Section 101(2) of Act 29 as natural or unnatural carnal knowledge of a child under sixteen years of age with or without the child’s consent.
According to section 14(a) of Act 29, consent for carnal knowledge of a child under sixteen years is void—with punishment of not less than seven years and not more than twenty-five years in prison.
The Ghana Police Service continues to ensure it seeks justice for families that have had their underage children defiled.
Cases of defilement involving adolescent girls who have begun menstruating continue to contribute significantly to the rising incidence of teenage pregnancy — a growing challenge facing the country.
Recent reports indicate a surge in teenage pregnancy cases nationwide, with the national rate currently pegged at 15.2 percent. The Savannah Region tops the chart with a prevalence rate of 26 percent, followed closely by the Ashanti Region at 24 percent.
In just the first five months of the year, the Upper East Region alone recorded 2,436 cases of teenage pregnancy. This was disclosed by Ms. Charity Tanni, the Upper East Regional Health Information Officer of the Ghana Health Service (GHS), during a presentation at a review meeting on the Essential Services Package (ESP) for girls and women affected by violence.
According to the data, 2,411 of the reported cases involved girls aged 15 to 19, while 25 involved girls between 10 and 14 years.
A breakdown by district in the Upper East Region revealed the following figures:
Bawku West: 372 cases
Pusiga: 276
Bongo: 212
Talensi: 210
Kassena Nankana West: 198
Kassena Nankana Municipality: 196
Bolgatanga Municipality: 152
Bawku Municipality: 147
Tempane: 123
Garu: 118
Builsa South: 116
Nabdam: 100
Binduri: 86
Builsa North: 78
Bolgatanga East: 52
The ESP initiative is being implemented by the Department of Gender in partnership with the Upper East Regional Coordinating Council, with financial support from the United Nations Population Fund (UNFPA).
The review meeting brought together key stakeholders, including the Ghana Health Service, Ghana Education Service, Judicial Service, DOVVSU, Legal Aid Commission, Department of Social Welfare, and Civil Society Organisations.
Concerns about the rising trend in teenage pregnancies were also echoed at a regional consultation workshop on sexual and reproductive health rights held in June in Kumasi. The event was organised by PN Africa in collaboration with Marie Stopes International (MSI).
Participants at the workshop called for a review of the current Ghana Education Service (GES) policy, urging the integration of more robust sexual and reproductive health education and accessible family planning methods. They observed that abstinence alone has not proven effective in curbing the trend.
Ultimately, teenage pregnancy remains one of the major drivers of rapid population growth. If this trend is not addressed in tandem with an increase in national resources, it poses a threat to the country’s sustainable development.
What the law says about abortion
Many people tend to engage in abortion to get rid of unwanted children conceived through several means.
Ghana’s laws define abortion or miscarriage as the premature expulsion or removal of conception from the uterus or womb before the period of gestation is completed.
A person who intentionally and unlawfully causes abortion or miscarriage commits a second degree felony.
However, Section 58 of the Criminal Offences Act indicates it is not a criminal offence under subsection (1) if an abortion or a miscarriage is caused in any of the circumstances referred to in paragraph (a) or (b) of subsection (1) by a registered medical practitioner specialising in gynaecology or any other registered medical practitioner in a Government hospital or in a private hospital or clinic registered under the Private Hospitals and Maternity Homes Act, 1958 (No. 9) or in a place approved for the purpose by legislative instrument made by the Minister,
(a) where the pregnancy is the result of rape, defilement of a female idiot or incest, and the abortion or miscarriage is requested by the victim or her next of kin or the person in loco parent is, if she lacks the capacity to make the request;
(b) where the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to her physical or mental health, and the woman consents to it or if she lacks the capacity to give the consent it is given on her behalf by her next to kin or the person in loco parentis; or
(c) where there is substantial risk that if the child were born, it may suffer from, or later develop, a serious physical abnormality or disease.
