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The 11th Parliament has removed a Bill proposing a death sentence for aggravated rape and criminalising touching one’s sexual organs from its legislative agenda.
The Sexual Offences Bill, 2024, was re-introduced in the House on October 14, 2024, after it was passed by the 10th Parliament but was returned by President Yoweri Museveni in 2021.
However, the 10th Parliament could not process it following its lapse upon the dissolution of that Parliament.
On Thursday (March 12), the Bill was withdrawn from Parliament, with the mover, Anna Adeke (Soroti Woman MP), citing fears that the varying views received during its consideration threatened to alter its objectives.
Kassanda Woman MP Flavia Nabagabe moved the motion to have the Bill withdrawn on behalf of Adeke during the plenary sitting that was presided over by Speaker Anita Among.
The Bill sought to introduce new offences and new penalties, such as the transfer of information of a sexual nature to a person without his/her consent.
A person guilty of such an offence faces five years of imprisonment, just like individuals who will be guilty of drawing images, taking pictures and videos of people in a state of nudity.
The Bill criminalises indecent gestures such as touching one’s sexual organs with a three-year sentence and proposes similar punishment for a person who exposes their sexual organs to anyone while in public.
If re-introduced and passed into law, a person who administers a substance with the intent to commit a sexual act will be liable to conviction on imprisonment for a period not exceeding seven years.
While tabling the Bill, Adeke argued that it was premised on the scattered nature of legislation on sexual offences.
“Whereas sexual offences are mainly prescribed under the Penal Code Act, various laws such as the Prevention of Trafficking in Persons Act, the Domestic Violence Act, and the Children Act, make provision for a number of sexual offences,” she said.
She also argued that there was a need to ensure the legislation responds to the evolving and current trends in sexual offences, curbs sexual violence and adopts international best practices in the prevention of sexual violence.
Museveni returns Bill
Following the passing of the Bill in 2021, President Museveni returned it to Parliament, noting the offences were already provided for in the Penal Code Act.
He stated that the Uganda Law Reform Commission had carried out a broad review of all criminal-related laws like the Penal Code Act, Magistrates Court Act, Trial on Indictment Act and the Evidence Act, which made provisions of the Sexual Offences Bill, redundant.
The President urged Parliament to allow the review of all other criminal laws and propose comprehensive amendments of the relevant laws as opposed to piecemeal amendments.