Supreme Court Nominee Justice Philip Bright Mensah Defends Legal Sex Age at 16, Sparks Debate
Accra, June 18, 2025 — Justice Philip Bright Mensah, a nominee for Ghana’s Supreme Court, has sparked intense public discussion after defending the current legal age of sexual consent—set at 16 years—during his vetting before Parliament’s Appointments Committee on Tuesday, June 17.
Justice Mensah justified the age limit, arguing that legal realism should guide the law, not idealism.
“Will these girls wait till 18? That is a question we must also settle ourselves with. If she remains in chastity till 18, well and good. But you as a parent, you will be sleeping and your daughter will be somewhere else which you have no idea about. How can you control her?” he asked. “So please, let the law remain what it is, at least for now.”
A Legal-Moral Paradox
While Ghana’s Criminal Code permits consensual sex from age 16, the legal age for marriage remains 18, creating what many describe as a moral and legal contradiction.
Justice Mensah acknowledged this inconsistency but suggested that the intent behind setting the marriage age at 18 was linked more to maturity and responsibility, not necessarily sexual behavior.
“At 16, the girl must be in school; they should not go and follow a 45-year-old man,” he added, cautioning against the exploitation of young girls despite the legal provision.
He also questioned whether a 16-year-old has the capacity to make life-altering decisions such as marriage, pointing out that the Constitution defines adulthood as 18 years.
Contrasting Views from Another Nominee
Justice Mensah’s comments came a day after another Supreme Court nominee, Justice Sir Dennis Dominic Adjei, offered a divergent view during his vetting. Justice Adjei challenged the legitimacy of allowing sex at 16 but not marriage, suggesting the law should be harmonised.
“If you cannot marry at 16, why have sex at 16?” he asked, recommending that both age thresholds be aligned to eliminate the apparent legal inconsistency.
Public and Legal Implications
The opposing views from the two justices highlight the ongoing debate in Ghana over adolescent rights, morality, and legal protection. Human rights groups, educators, and lawmakers have long questioned the wisdom of the current sexual consent age, especially given rising cases of teenage pregnancy and abuse.
As Ghana continues to review its laws on child protection, gender rights, and sexual autonomy, the insights from its Supreme Court nominees may shape future legislative reforms—or reflect deeper societal divisions.
The Appointments Committee is expected to conclude its vetting of Supreme Court nominees this week.
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