Ursula Owusu-Ekuful, who is both the minister of communications and the lawmaker for Ablekuma West, has voiced her disapproval of the proposed anti-LGBT legislation, which would criminalise sex toys.
We shouldn’t criminalise sex toys – Ursula Owusu-Ekuful
She argues that the provision in the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021 that criminalises sex toy use would unintentionally impact heterosexual couples who use such devices to enrich their sexual life.
Parliament must make it crystal clear that the law targets everyone, not just the LGBT community, if the house intends to criminalise sex toys, she said.
On the other hand, she has demanded that clause 3(c) be removed immediately.
“And I think we raised this when the committee was considering it that the proposed amendment in 3(c) may create unintended consequences because sexual intercourse between a man and an inanimate object or between a woman and an inanimate object would necessarily include sexual intercourse with all manner of aids that couples use to enhance the sexual experience,” she said while speaking on the floor of Parliament during the consideration of the Anti-LGBT bill.
Furthermore, I am uncertain as to whether or not that is the goal of this legislation. Included in this category are sex toys and other devices used to enhance sexual experiences by couples, including straight couples.
“So if that’s the House’s intention, then we need to be aware that we could be criminalising activity that doesn’t just target the LGBTQI community—it could also target straight couples who use sex enhancement tools to have a more satisfying sexual experience.
So, I’ll suggest removing 3(c) from this amendment because we should be careful about the potential unforeseen repercussions of it.
In the meanwhile, lawmakers failed to reach a consensus on how to penalise LGBTQ+ people who engage in sexually explicit behaviour with one another.
The measure proposes a punishment of three to five years for engaging in intercourse between people of the same sex, whether it be between a human being and another human or non-human being.
Nevertheless, the Committee on Constitutional and Legal Affairs suggested a maximum punishment of three years in prison without mentioning a minimum.
The proposal’s logic was outlined by the Committee Chairman on Tuesday, December 12, 2023.
“The majority of religious organisations were in favour of providing opportunities for individuals who are willing to undergo changes. We can eliminate all options by enacting a stringent law that makes it impossible to practise this or be found guilty. Because society will look down on you, Mr. Speaker, there is no community service that would have been harsher than a jail term.
“But to caution you or to give you deserve imprisonment or imprisonment, if we leave it to the discretion of the judge, they are also members of this society, they are learned, and depending on the circumstances, that’s why I am comfortable if we give the upper limit without saying that the person must be imprisoned as a minimum requirement.”
Sam George, a bill sponsor, said that guidance on the purview of the penalty units to be applied to offenders would be critical in establishing the seriousness of the related punishment.
“We need to see an expert to find out if the minimum punishment of 750 units is three or six months. Then we have a minimum term for incarceration as well,” he remarked while seated on the floor.
However, the Speaker stepped in to clarify that “that will apply” because a statute establishing penalty unit equivalence already existed.
Following the round of discussions, the Speaker referred the questions to the parliamentary drafters for clarification so that the final version of the conversations might more accurately represent the goals of the different lawmakers.
On Tuesday, June 29, 2021, a private member introduced the contentious LGBT measure to Speaker Alban Bagbin. Currently, eight members of parliament are leading the charge.
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Those in favour of criminalising homosexuality in the country want it to be a crime to promote, advocate for, fund, or engage in homosexual behaviour.