June 1. My Day in Court

Today I accompanied a WiLDAF volunteer to circuit court, where we sat in on a number of cases in a dedicated family law court. The courtroom was absolutely packed with witnesses and observers. As usual, the Ghanaians seemed generally unperturbed by the cramped quarters, heat and humidity, while I perspired as though I were in the defendant’s dock.

A common and disturbing theme was the lack of legal representation for the accused, as well as some serious linguistic barriers (although a translator was present).
We watched a number of cases, most of which were adjourned after a ‘not guilty’ plea. The cases involved charges of rape, defilement, and sexual abuse. In one case a headmistress at an elementary school pled not guilty to four counts of sexually abusing girls under her care.

In another case a 19 year old man was charged with, and pled guilty to, raping his 16 year old girlfriend. As it turned out, there was no allegation of forced sex. Instead, the girlfriend, who was 15 at the time, became pregnant by the accused and, when he denied paternity, pressed charges on the grounds of what amounts to statutory rape (the age of consent being 16 in Ghana). At the trial, the girl was represented by her mother, who seemed to be unable to speak much English or Twi. In addition, she expressed some interest in having the charges dropped since the accused had admitted paternity and committed to providing for the girl and her child. However, the judge ruled that as the case had been brought before her as a criminal matter she had no choice but to sentence the man to the minimum sentence, namely seven years in prison.

I could not help thinking that with just a bit more access to legal advice the whole matter could have been resolved in a much more satisfactory manner – that is, with the girl and her child provided for and the accused not rotting in a Ghanaian prison.
On a lighter note, it turned out that in our quest to find seats in the crowded courtroom we ended up on a bench generally reserved for accused persons. Thus, before adjourning for the morning, the judge actually asked the prosecutor if my companion and I were up next on the docket. Fortunately he replied in the negative, and we were free to go.