The Sexual Offences Bill, 2024, aimed at strengthening the punishment of sex offenders and safeguarding victims during trial, has been reintroduced in Uganda’s Parliament.
On Monday, 14 October 2024, Hon. Anna Adeke Ebaju, the Soroti City Woman Member of Parliament, presented the Bill for its First Reading during a session chaired by Speaker Anita Among.
Bill’s Previous Attempt and Presidential Rejection
This Bill had previously been passed by the 10th Parliament but was returned by President Yoweri Museveni in 2021.
Due to the dissolution of the 10th Parliament, the Bill could not be processed further. The President’s concerns at the time included redundancy with existing laws and the need for broader legal reforms.
Modernizing Sexual Offences and Addressing New Forms of Violence
The reintroduced Bill seeks to revise and update the sexual offences outlined in the Penal Code Act. Its objective is to address emerging forms of sexual violence and exploitation that are not adequately covered under current legislation.
Hon. Adeke explained that sexual offences are currently spread across various laws such as the Penal Code Act, the Prevention of Trafficking in Persons Act, the Domestic Violence Act, and the Children Act.
This fragmented legal framework, she argued, necessitates consolidation to effectively address modern trends in sexual violence and align with international best practices.
The Need for Consolidated Legislation
A key concern driving the Bill is the scattered nature of sexual offences in Uganda’s legal framework.
The Bill highlights that this disjointed approach denies the public a comprehensive legal guide for the prevention, protection, and prosecution of sexual offences.
Citing examples from other Commonwealth countries like India, the United Kingdom, and Kenya, the Bill seeks to combine all relevant provisions into a single piece of legislation.
New Offences and Penalties Proposed
The Bill introduces new offences, including the non-consensual transfer of sexual information, which could result in a five-year prison sentence.
The same penalty applies to individuals who take or share nude images or videos without consent. Additionally, it proposes harsher punishments for aggravated rape, including the death sentence.
Other provisions criminalize indecent gestures, such as touching one’s sexual organs in public, with offenders facing up to three years in prison.
Exposing one’s sexual organs in public is also subject to the same punishment. Furthermore, administering substances with the intent to commit a sexual act could lead to imprisonment for up to seven years.
Speaker Raises Concerns Over Financial Implications
Speaker Anita Among noted that the Bill has been granted a certificate of financial implications from the Ministry of Finance, Planning and Economic Development. However, she expressed concerns regarding the unclear financial impact of the Bill.
The Ministry argued that the proposed measures are already being implemented by government agencies and that advancing the Bill could lead to wastage of resources.
Among questioned why the Attorney General had not specified which parts of the law would be duplicated and the exact financial implications involved.
President’s Initial Objections
Following the initial passing of the Bill in 2021, President Museveni returned it to Parliament, arguing that many of the offences were already addressed under the Penal Code Act.
He noted that the Uganda Law Reform Commission had conducted a broad review of all criminal-related laws, including the Penal Code Act, Magistrates Court Act, Trial on Indictment Act, and Evidence Act. Museveni believed this made the provisions of the Sexual Offences Bill redundant.
He further urged Parliament to support a comprehensive review of all criminal laws, rather than focusing on piecemeal amendments, to avoid unnecessary duplication of legal provisions.
1 Comment
There criminal must face law