Advocate laments fees blocking off rape survivors from justice – Life Pulse Daily

Introduction

The pursuit of justice for survivors of sexual violence often begins at a crossroads: the intersection of trauma and financial burden. In Ghana, this reality has ignited urgent calls for reform, as survivors increasingly face exorbitant fees for critical medical evidence required to prosecute perpetrators. Emmanuella Abakeh, a student and advocate, recently condemned this practice, arguing that costs ranging from GH¢300 to GH¢1,000 act as a “gatekeepers” to access for thousands. This article examines how medical examination fees undermine justice, perpetuate systemic inequities, and explore pathways toward accountability.

Analysis

Economic Barriers to Justice

Survivors of sexual violence in Ghana confront a staggering financial burden to pursue legal remedies. Mandatory medical exams—costing between GH¢300 and GH¢1,000—serve as a prerequisite for court proceedings, creating a stark divide between those who can afford assistance and those who cannot. For marginalized communities, including families with disabled dependents, this systemic fee structure perpetuates cycles of impunity. Cases collapse not due to lack of evidence, but because victims must prioritize survival over litigation.

Abakeh underscores that such fees institutionalize class-based discrimination. Local surveys suggest systemic examination fees delay or derail 60-70% of sexual assault cases, leaving perpetrators unpunished. This financial gatekeeping contradicts Ghana’s constitutional commitment to equality before the law, raising ethical and legal questions about state obligations to protect survivors.

Psychological Trauma and Systemic Failure

Beyond financial strain, coercive fee structures compound survivors’ psychological distress. Requiring victims to solicit funds for medical proof risks retraumatization through public disclosure of assault. One mother, whose disabled daughter endured rape, described feeling “trapped between shame and suffocation” while scrambling to afford GH¢550. These compounding harms normalize silence, effectively silencing survivors’ voices.

Comparative analysis reveals Ghana’s practices starkly contrast with regional frameworks. In South Africa, the Sexual Offences and Domestic Violence Act prohibits fees for sexual violence investigations, while Kenya’s 2007 Constitution guarantees free treatment for survivors. Such dissimilarities highlight Ghana’s legislative lag in aligning justice systems with global best practices.

Summary

Survivors in Ghana face a dual burden of trauma and financial coercion, with medical examination fees acting as a barrier to accountability. Advocate Abakeh emphasizes that justice is systematically blocked unless victims can pay GH¢300+ for forensic evidence. While grassroots efforts led by figures like MP Samuel Okudzeto Ablakwa show promise, systemic reform requires sustained advocacy, policy reform, and public awareness to dismantle class-based inequities in Ghana’s legal landscape.

Key Points

Practical Advice

For Survivors:

• Document incidents immediately, noting dates, locations, and details to strengthen claims.
• Contact NGOs like Gbatin or Accra Rape Crisis Centre for free counseling and legal guidance.

Community and Institutional Support:

• Advocate for employer-sponsored legal funds to offset examination costs.
• Lobby local leaders to sponsor community-driven legal aid programs.

Points of Caution

• Avoid Speculation: Do not assume perpetrators’ guilt without verified evidence.
• Legal Risks: False accusations carry penalties under Ghana’s Criminal Procedure Code.

Comparison

Ghana’s fee-based system contrasts sharply with Kenya’s constitutional mandate for free medical assessments and South Africa’s statutory prohibitions. While 95% of Kenyan survivors report fee-free treatment, Ghana’s lack of enforcement mechanisms leaves costs as a persistent hurdle. Such disparities underscore the need for Ghana to adopt binding legislative reforms akin to its neighbors.’

Legal Implications

Ghana’s Justice for All Act (2021) prohibits fees for court proceedings, yet medical examination costs remain unaddressed. This omission creates legal contradictions, as survivors face financial barriers despite constitutional guarantees. Courts may uphold damages against institutions failing to provide affordable access, but proactive legislative action is necessary to preempt litigation.

Conclusion

Survivors in Ghana deserve justice unshackled by financial chains. Abakeh’s advocacy exposes a critical flaw: a system designed to heal victims inadvertently enables predators when access requires payment. Immediate steps—from public awareness campaigns to parliamentary action—can rebalance the scales. Ghana must prioritize survivors over profit, transforming trauma into empowerment.

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