# Dealing With Defilement Cases in Ghana: Intricacies of Law, Sociology and Psychology

## TL;DR

This paper explores the rising issue of defilement in Ghana from legal, social, and psychological perspectives and suggests a holistic approach to address it.

## Contribution

The paper proposes an eclectic approach combining law, sociology, and psychology to combat defilement in Ghana.

## Key findings

- Defilement cases in Ghana are rising due to failures in legal, social, and psychological systems.
- The government focuses too much on legal sanctions and not enough on sociological and psychological support.
- Providing free forensic medical exams and psychological treatment could encourage reporting of defilement cases.

## Abstract

Defilement is one of the most traumatic experiences a child can experience, with the consequences lived almost throughout the entire lifetime of the victim. Yet, statistics show that defilement cases are on the rise in Ghana, with little being done by the State to stem the tide. This paper critically analyses the incidence of defilement from three perspectives, namely, law, sociology, and psychology. The paper first discusses what defilement is under Ghanaian law (the law), how society deals with the victims and perpetrators of defilement (the sociology), and the psychological effect of defilement on the victims (the psychology). Using a combination of systematic review and the practitioner analysis approach to research, the paper identifies the consequences of defilement on the victim in Ghana, the problems with the definition, scope, and adjudication of defilement cases in Ghana, and offers some useful recommendations to deal with the rising incidence of defilement in Ghana. A major finding of this paper is that the rising cases of defilement in Ghana are the result of the failure of law, sociology, and psychology. Therefore, to combat this canker, an eclectic approach combining the three domains is highly recommended.

Defilement is a reprehensible conduct in Ghanaian societies and a criminal offence both in Ghana and the world over. Nonetheless, defilement cases have been on the rise, especially in recent times, despite the severe punishment they attract.

It has been suggested that the State is not doing enough to fight the menace of defilement. It has further been suggested that the conduct of the Ghanaian society itself contributes to the rising cases of defilement in Ghana. Some have also blamed the victims of defilement as being responsible for their predicament. This paper investigates these suggestions to establish their veracity or otherwise.

The paper discusses the offence of defilement under Ghanaian law and critically analyses the sociocultural factors accounting for the continued perpetuation and increase in defilement cases in Ghana. The paper further discusses the psychological effects of defilement on the victims, who are children and adolescents, their families, and society in general. The paper observed that the government has not done enough to deal with the incidence of defilement in Ghana, apart from the criminal sanctions imposed on perpetrators.

For Ghana to address the incidence of defilement and its numerous attendant problems, it is recommended that the State focus more attention on the sociological and psychological aspects of the problem, rather than the legal aspect that currently receives much attention. It is recommended that, for a start, the State pays for the cost of forensic medical examination (FME) and provides psychological treatments for victims of defilement to encourage the victims and their parents/guardians to report defilement cases. This paper offers useful suggestions that, when implemented, will help Ghana significantly reduce the incidence of defilement cases in the country.