Decisions I Made in My Pyjamas: Rape and the Law in Ghana
GH News Media
The phrase “Decisions I made in my pyjamas”, popularised by Ghanaian musician Black Sherif, carries a meaning far removed from the subject of this article. Yet, it offers a powerful reflection point. It reminds us that in moments of comfort, desire, or impulse, the decisions people make—especially men—can have life-altering consequences.
This piece uses that line as a literary device to draw attention to a troubling reality: the reckless sexual decisions some men make, often in private moments, that result in rape. It also bridges contemporary music and social awareness, highlighting the need for a deeper understanding of what the law in Ghana considers rape.
What Ghanaian Law Says About Rape
Rape in Ghana is defined under Section 98 of the Criminal Offences Act, 1960 (Act 29), as the unlawful carnal knowledge of a woman without her consent. However, modern legal interpretation makes it clear that rape is not limited to fully completed penetration.
Courts have held that:
Even the slightest genital intrusion qualifies as rape if there is no consent. Consent must be clear, voluntary, and unambiguous.
Relationship status does not create automatic consent. In several High Court decisions involving sexual offences, judges have emphasised that partial insertion, attempted insertion, or genital contact leading to intrusion is sufficient to constitute rape. Ejaculation, or completion of the sexual act, is irrelevant.
The law focuses on intrusion without consent, not on the degree or duration of the act.
When Rape Occurs: Scenarios Often Ignored
Public perception often associates rape with violent strangers. But most cases in Ghana happen in private, between people who know each other. Common but misunderstood scenarios include:
1. When the woman is asleep or intoxicated
If she is unconscious, drugged, asleep, or unable to understand what is happening, any sexual contact is rape.
2. When the parties are dating or married
A relationship does not equal perpetual consent. A woman has the right to refuse at any time.
3. When there is “just a little intrusion”
Even the slightest genital intrusion without consent is rape.
“Just the tip” is not an excuse; it is a crime.
4. When the woman is pressured or afraid
Consent obtained through fear, manipulation, threats or undue pressure is not valid consent.
5. When there is silence
Silence is not consent.
Reluctance is not consent.
Tense cooperation due to fear is not consent.
These examples reflect the law’s commitment to bodily autonomy and the protection of vulnerable persons, particularly women.
The Cost of Pyjamas Decisions
Many rape cases occur because men lose control in moments of desire—moments where they allow what is inside their pyjamas to think for them instead of using their brains.
Statements such as:
“I thought she was okay with it.”
“She didn’t resist enough.”
“I was already in the mood,”
“We’ve done it many times,”
are commonly heard in police statements and courtrooms. But none absolve a person from criminal liability.
A few seconds of uncontrolled desire can lead to:
1. imprisonment,
2. a criminal record,
3. public disgrace,
4. psychological trauma for victims, and
5. Shattered families and community trust.
A Call to Men: Think Before You Act
Sexual desire is normal. But self-control is a responsibility, not an option.
When the urge rises:
1. Pause.
2. Ask clearly for consent.
3. Walk away if consent is absent or uncertain.
Every man must understand this simple truth:
Your desire cannot override another person’s dignity, safety, or rights.
Conclusion
“Decisions I made in my pyjamas” may be a catchy lyric, but it is also a wake-up call. It reminds us that the reckless decisions made in moments of passion or impulse can ruin lives.
Ghanaian law is clear. The message should be even clearer:
Control your actions. Seek consent. Let your brain—not your pyjamas—guide your decisions.
By: Horlali Yaw Haligah
Facebook: Horlali Yaw Haligah
