Legal practitioner Prince Benson Mankotam has raised concerns about plans by Gomoa Central MP, Kwame Asare Obeng, popularly known as A-Plus, to introduce a private member’s bill to criminalise paternity fraud and false rape allegations.
His comment comes as the MP prepares to submit the proposed legislation to Parliament, a move that has sparked public debate over whether such a law would be healthy for Ghana’s society.
Speaking Starr Showbiz with Feeling Daddy, Mankotam argued that paternity fraud in Ghana is currently not a criminal offence but can be pursued as a civil wrong through claims of misrepresentation and compensation.
“In Ghana as we speak paternity fraud is not a crime rather it can be a civil wrong,” he said.
He explained that under civil processes, a person who believes they have been deceived into assuming fatherhood can sue to recover expenses and damages.
However, the lawyer warned that shifting the issue into criminal law could create serious complications.
“If you are going the criminal route what you say is that… it should be punishable by imprisonment or by fine and that has huge ramifications,” he stated.
Mankotam noted that criminal prosecutions would require the state to prove intentional deception, which he believes will be difficult in many real-life situations, especially where there was an existing sexual relationship.
“I don’t think that anyone can say that she is pregnant for another person that she has never slept with before,” he said.
He added that some women may have an honest belief about who the father is, particularly where there have been encounters with more than one person.
“I know people who have been pregnant and because of their encounter with more than one person they are unable to determine which of them is the actual father,” he explained.
The lawyer also questioned whether the proposal would gain support in Parliament, warning that it could be viewed as an attempt to suppress women, and could carry political consequences.
“No politician will agree to such an arrangement… because politicians only think about elections,” he said.
Mankotam urged persons who feel defrauded to pursue the matter through civil action instead of calling for imprisonment.
A-Plus is yet to formally lay the bill before Parliament.
Source: Starrfm.com.gh
