Pregnancy Scams as Actionable and Unactionable Fraud in Ghana

Abstract Pregnancy scams or fraudulent representations of pregnancy – a situation where a woman who knows that she is not pregnant, or has no reason to suspect that she is, deceives her spouse or sexual partner into believing that she is, usually for her own self-interest – have become a common phenomenon in Ghana, and the media is replete with such episodes. However, even though these media publications are useful in bringing this practice to the attention of the public, an analysis of the legal ramifications of, and the criminal justice response to, the phenomenon is virtually non-existent in the academic literature. Drawing on pertinent judicial decisions, statutes and academic literature, the present study offers an exposition of the legal implications of the pregnancy scam phenomenon in contemporary Ghana. It explores the extent to which this type of fraud is (un)actionable, highlighting important legal principles and controversies.