Justice Adjei questions legal gap between sex and marriage age
By DL news
Published
1 min read
“If a person cannot marry at 16, why should they be allowed to have sex at 16?”
Supreme Court nominee Justice Dennis Dominic Adjei has stirred important debate over Ghana’s legal age thresholds, questioning why the law permits sexual consent at 16 but prohibits marriage until 18.
Appearing before Parliament’s Appointments Committee on Monday, June 16, 2025, the Court of Appeal judge posed a striking rhetorical question that challenged the logic behind Ghana’s legal framework:
“If a person cannot marry at 16, why should they be allowed to have sex at 16?”
Justice Adjei’s comments spotlight a long-standing legal inconsistency—while the Children’s Act, 1998 (Act 560) sets 18 as the minimum legal age for marriage, the Criminal Offences Act, 1960 (Act 29) permits consensual sex from age 16. This disconnect, he implied, may undermine efforts to protect the welfare of minors.
His observation adds weight to ongoing calls by child rights advocates and legal reformers for harmonisation of these laws. Many argue that the current gap leaves teenagers vulnerable to exploitation and increases risks of teenage pregnancy and abandonment, with limited legal consequences when sexual activity occurs outside the bounds of marriage.
Justice Adjei’s stance signals a potential shift in judicial thinking—one that advocates coherence in laws affecting children’s rights, sexuality, and protection.
As Parliament continues to vet him for a place on Ghana’s highest court, his probing question is likely to reignite national conversations around legal reform and youth protection.
