Consent, burdens, and barriers: The missing link in Ghanaian rape law and survivors’ rights

This article examines how rape law in the United Kingdom and Ghana deals with consent and how rules on proof affect victims’ access to justice. It argues that evidential rules are not just technical; they shape whether cases lead to accountability. In the United Kingdom, the Sexual Offences Act 2003 defines consent and provides legal presumptions to aid proof in certain situations. Although the prosecution must still prove guilt beyond a reasonable doubt, these rules recognise the difficulty of proving non-consent in cases that often occur in private or involve coercion. In Ghana, the Criminal Offences Act 1960 has no similar framework. Courts rely on general evidential rules and often expect proof of resistance or corroboration. This places a heavy burden on victims and can limit the enforcement of their rights. The article argues that Ghanaian law should be reformed to better reflect the realities of rape while maintaining the presumption of innocence. Such reform would improve access to justice and strengthen the right to an effective remedy.