Roses Are Red, the Statute Is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana
Her Honour Judge Sedinam Awo Kwadam (Mrs.)
ABSTRACT
The legal status of sex toys in Ghana remains unsettled, straddling the intersection of morality,
obscenity, personal autonomy, and public order. While Ghana’s Criminal and Other Offences Act,
1960 (Act 29) criminalizes the sale or public exhibition of “obscene objects,” the absence of a
statutory definition creates interpretative ambiguity. This paper examines whether sex toys fall
within the scope of “obscene objects,” balancing moral regulation against constitutional
protections for privacy, dignity, and sexual autonomy. It examines the statutory provision,
Ghanaian judicial approaches to obscenity, and comparative jurisprudence from the United States,
the United Kingdom, Canada, India, and South Africa. The paper highlights two competing views:
one advocating for a morality-based, expansive reading of obscenity, and another urging a
narrower, functionality-based interpretation to avoid unjustifiable intrusions into private life, and
ultimately concludes that Ghana should adopt a legislative clarification excluding non
pornographic, privately used sexual aids from the ambit of obscenity, ensuring legal certainty,
safeguarding constitutional rights, and aligning with evolving international human rights
standards.
Link To Paper: ROSES ARE RED Sedinam Awo Kwadam
