Rape law amended

Apr 19, 2007

MPs have amended the rape and defilement law making it mandatory for offenders suspected of being HIV positive to undergo medical tests.

By Cyprian Musoke and Joyce Namutebi

MPs have amended the rape and defilement law making it mandatory for offenders suspected of being HIV positive to undergo medical tests.

Suspects found guilty of infecting their victims with HIV/AIDS will be liable to a death sentence.

The new laws differentiate between aggravated and mild rape, with victims under 14 years falling under the aggravated category. Those who defile these minors get no less than a life sentence.

Alice Alaso (Soroti Woman) said this was necessary because the younger the victim, the more grave the effects of the act.

Safia Nalule (People with Disabilities) wanted the disabled to be included in that category.

Presenting the amended Penal Code Bill 2006, state minister for justice, Freddie Ruhindi, rejected a proposal to exempt ‘some cultures and religions’ that allow the marrying of girls under 18 years.

He said the Constitution stipulates the age of consent is 18 years and noted that any custom or law that contravenes the stipulation is null and void.

MPs called for the establishment of a state fund for victims of rape and defilement, but Ruhindi observed that that was covered under the Sexual Offences Act.

Alaso observed that the recent court ruling that decriminalised adultery had left a vacuum that put society’s harmony at risk.

Ruhindi said his ministry is preparing a cabinet paper to explain the ruling and the way forward.

He said the Government’s position on the matter was in the Domestic Relations Bill which was opposed by sections of the public.

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