Adultery off the books, but trespass charges possible - UHRC clarifies

__________________

The Uganda Human Rights Commission (UHRC) has clarified that adultery is no longer recognised as a criminal offence under Ugandan law. However, in specific cases, particularly those involving unauthorised entry into another person’s property or home, it may still be prosecuted under Section 302 of the Penal Code Act as criminal trespass.

The clarification was made during a press briefing on June 13, 2025, aimed at addressing ongoing confusion surrounding the legal status of adultery, a matter long contested in court and criticised by rights activists as discriminatory.

“Adultery, as a specific criminal offence, was declared unconstitutional. However, acts involving entry into private property without the owner’s consent, such as entering a marital home, can amount to criminal trespass,” stated Amina Yusuf, the Uganda Human Rights Commission officer in charge of investigations at the UHRC Gulu regional office.

Relevant law

Section 302 of Uganda’s Penal Code Act defines criminal trespass as follows:

“Any person who enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered, unlawfully remains there with such intent, commits the offence of criminal trespass.”

This means that while consensual sexual relationships between adults are not criminal, any unlawful entry into a private residence, especially a marital home, can be prosecuted if intent to annoy, insult, or intimidate is proven.

Community voices: a mixed response

The clarification has triggered varied reactions from Ugandans across the country.

Abalo Joyce, a market vendor in Lamwo, welcomed the update: “People should settle matters of the heart at home or in courts through divorce or mediation. Making adultery a crime just filled prisons with personal problems.”

Rev. Franco Magellan Ocan, a religious leader in Kitgum, expressed concern: “While we respect the law, this may weaken the moral fabric of our communities. We must still teach faithfulness in marriage, even if the law no longer criminalises adultery.”

Moses Opio, a boda-boda rider in Lamwo, was more pragmatic: “If someone finds another man in his house and they entered without permission, then yes, that’s trespass. But people shouldn’t go to jail just for cheating. Solve it in court or at home.”

Legal and human rights perspective

Adultery laws have long been criticised for their gender bias, often disproportionately targeting women and infringing on the right to privacy. A 2007 Constitutional Court ruling struck down the adultery law, citing its violation of Article 21 of the Ugandan Constitution, which guarantees equality and freedom from discrimination.

“This clarification helps the public and the police avoid misapplying the law,” said Charles Balmoi Opio, a Kitgum-based UHRC officer. “We must continue moving toward a legal system that respects privacy, upholds human dignity, and treats women and men equally under the law.”

UHRC to launch awareness campaign

The Uganda Human Rights Commission announced plans to partner with local media and civil society organisations to educate the public on the legal change, explain what constitutes criminal trespass, and advise couples on seeking legal or social remedies in cases of marital conflict.