Statements and actions must align to establish offence under anti-LGBTQ+ Bill – Sam George
The Ningo-Prampram MP says intent alone is not enough, stressing that both statements and actions must be proven before criminal liability can be established under the proposed anti-LGBTQ+ Bill.
Member of Parliament for Ningo-Prampram, Samuel Nartey George, has said that both statement and actions would be required to establish criminal liability under Ghana’s proposed Human Sexual Rights and Family Values Bill.
His comments follow discussions around a social commentator known as Headucator, in relation to a leaked video and his social media activity.
Explaining the legal framework, the MP said public statements alone are not enough to ground a case unless supported by actions.
“A person’s statement may serve as evidence of intent the thinking but the law will also require proof of what the individual has done to actualise that intent.” He explained.
He emphasised that the law considers both the mental element and the physical act before establishing an offence.
“You need both elements-intent and action before you can ground criminality. One without the other is not sufficient.” He added.
He said while alleged acts captured in a video could be treated separately, a person’s public declarations and conduct on social media may also be examined in determining intent.
The Human Sexual Rights and Family Values Bill, which remains under consideration, seeks to criminalise same-sex relations as well as the promotion and advocacy of LGBTQ activities.
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