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HIV-positive father sentenced to life for defiling daughter
While passing the sentence on July 15, Justice Verma said Mulika acted in an inhumane manner, especially given that he was the child’s father. The judge noted that he was entrusted with the duty to care for, protect and provide guidance to the minor as her parent and guardian.
HIV-positive father sentenced to life for defiling daughter
By: Edward Anyoli, Journalist @New Vision
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The Criminal Division of the High Court has sentenced a man to life imprisonment for defiling his 14-year-old daughter.
Justice Deepa Verma convicted Godfrey Mulika after he pleaded guilty to aggravated defilement and sentenced him to spend the rest of his life in prison.
It was alleged that between the years 2022 and February 2025 at Nkware Village, Kanoni Town Council in the Gomba District, the accused unlawfully performed a sexual act with a girl aged 14 years old and infected her with HIV.
Aggravated defilement, contrary to Sections 116(3) and (4)(b) and (c) of the Penal Code Act, is committed when a person engages in a sexual act with someone below the age of 18 years under specified aggravating circumstances. Upon conviction by the High Court, the offence attracts the maximum penalty provided under the law.
Section 116(4)(b) and (c) identifies the aggravating circumstances as cases where the offender is infected with Human Immunodeficiency Virus (HIV) or where the offender is a parent, guardian, or a person in authority over the victim.
While passing the sentence on July 15, Justice Verma said Mulika acted in an inhumane manner, especially given that he was the child’s father. The judge noted that he was entrusted with the duty to care for, protect and provide guidance to the minor as her parent and guardian.
Section 116(4)(b) and (c) identifies the aggravating circumstances as cases where the offender is infected with Human Immunodeficiency Virus (HIV) or where the offender is a parent, guardian, or a person in authority over the victim.
While passing the sentence on July 15, Justice Verma said Mulika acted in an inhumane manner, especially given that he was the child’s father. The judge noted that he was entrusted with the duty to care for, protect and provide guidance to the minor as her parent and guardian.
The prosecution, led by Drare Kansiime, had asked the court to impose a 35-year prison sentence, arguing that the convict deserved a severe punishment because he was the victim’s father and had abused the trust placed in him by impregnating his own daughter and exposing her to HIV.
“Having considered all the circumstances of this case, and as earlier observed, the aggravating factors substantially outweigh the mitigating factors. The Court has also carefully considered whether this is one of the exceptional and rare cases in which the imposition of the death penalty would be justified.
This Court is not satisfied that this case falls within the category of exceptional cases where a sentence of death is warranted. The Court is, however, satisfied that the gravity of the offence, the circumstances under which it was committed, and the profound harm occasioned to the victim require the most severe custodial sentence available under the law. Accordingly, the convict is hereby sentenced to imprisonment for his natural life,” Justice Verma said.
Justice Verma said she considered the period Mulika had spent on remand, amounting to one year, three months and 25 days, from March 20, 2025, to July 15, 2026. However, the judge noted that since the sentence imposed was imprisonment for the convict’s natural life, the time spent on remand could not practically be deducted in a way that would alter the nature or duration of the sentence. Nevertheless, the period spent in custody before sentencing was taken into account.
The court further informed the convict that, having pleaded guilty, he had a right to appeal only on the legality of his plea and the severity of the sentence within 14 days from the date of the judgment.
“Having considered all the circumstances of this case, and as earlier observed, the aggravating factors substantially outweigh the mitigating factors. The Court has also carefully considered whether this is one of the exceptional and rare cases in which the imposition of the death penalty would be justified.
This Court is not satisfied that this case falls within the category of exceptional cases where a sentence of death is warranted. The Court is, however, satisfied that the gravity of the offence, the circumstances under which it was committed, and the profound harm occasioned to the victim require the most severe custodial sentence available under the law. Accordingly, the convict is hereby sentenced to imprisonment for his natural life,” Justice Verma said.
Justice Verma said she considered the period Mulika had spent on remand, amounting to one year, three months and 25 days, from March 20, 2025, to July 15, 2026. However, the judge noted that since the sentence imposed was imprisonment for the convict’s natural life, the time spent on remand could not practically be deducted in a way that would alter the nature or duration of the sentence. Nevertheless, the period spent in custody before sentencing was taken into account.
The court further informed the convict that, having pleaded guilty, he had a right to appeal only on the legality of his plea and the severity of the sentence within 14 days from the date of the judgment.