Defilement is a growing evil in Uganda

IT was a hot afternoon. A 10-year-old girl was seated under a jacaranda tree at her home, sobbing. Finding her in such a state, her mother quizzed her for almost 30 minutes. The little, brown-skinned girl in her spotted red and black dress, eventually narrated to her mother the pain she had been suf

By Conan Businge

IT was a hot afternoon. A 10-year-old girl was seated under a jacaranda tree at her home, sobbing. Finding her in such a state, her mother quizzed her for almost 30 minutes. The little, brown-skinned girl in her spotted red and black dress, eventually narrated to her mother the pain she had been suffering in silence for years. Her uncle, Robert Mugisha, had been forcing her into sex for five years.

Mugisha, aged 23 and a resident of Kyakahinda in Kabarole district, always gave the girl sh200 or sh500. He was later arrested, convicted and sentenced to eight years imprisonment for defilement.

The Penal Code Act defines defilement as having sexual intercourse with a girl under the age of 18. The maximum punishment is death. According to Police records, the number of defilement cases countrywide has increased seven-fold in the last 10 years, from 2,000 in 1997 to 15,000 in 2006.

Most girls are exploited by those who are supposed to protect them; teachers, relatives, neighbours, priests, pastors, security officers.

What is reported to the Police is only a tip of the iceberg. according to the 2006 Uganda demographic and Health Survey report, 24% of girls have had sexual intercourse by the age of 15 and 69% by the age of 18.

Worse still, 16% are married by the age 15 and 53% by the age of 18. The average Ugandan girl gets married at the age of 17.8 years.

Most girls are forced into sex during the day within the home, neighbourhood, school or church, according to a survey by the African Network for Prevention and Protection against Child Abuse and Neglect.

Children are thus taken by surprise and often do not know how to react or what to do to protect themselves. Moreover, they are defiled by persons they fear, including guardians and teachers. Because of this the girls often fear to report or to testify in court. In some cases the defilers threaten to harm them if they report.

The network’s spokesperson, Joshua Lubandi, says: “Sexually-abused children need support and guidance to gain the courage to fight exploitation. They need assurance that reporting does not have negative repercussions.”

The suspected defilers are sometimes protected by the community, he adds. In other cases, the children are forced to cooperate with them and the crime remains concealed. As the culprits are mostly adults, the organisation warns that rampant defilement could reverse the gains the country has made in the fight against HIV/AIDS.


The deputy regional Police commander in Bundibugyo, Suwed Tambwe, blames greedy parents who marry off their daughters early. “In Bundibugyo, parents marry off their young daughters, not knowing that it is illegal.”

According to the Uganda Child Rights NGO Network, there is need for an integrated system to fight defilement. The Constitution of Uganda provides for the rights of children. The Children’s Statute 1996 and the Penal Code Act also protect children’s rights.

Last year, the Parliament passed a new law providing for a death sentence against individuals who, aware of their HIV-positive status, proceed to have sex with a minor, with or without her consent.

Despite all these instruments, defilement will continue to grow because no institution can reduce it alone, says the NGO Network.

State minister for gender Rukia Isanga blames the Police for letting defilement suspects off the hook and intimidating victims. “Many cases are dismissed because of lack of evidence. This is bad.”

Isanga says her ministry is working on a project to create mass awareness about defilement and motivate citizens to take action against it. The project will also provide legal support to victims. In the meantime, defilement continues to thrive in our communities.

But Rukungiri CID chief Henry Mbabazi blames parents who take money from defilers with the promise of keeping the matter from the authorities.

LEGAL ASPECTS
  • Defilement is a capital offence. It is important for the victim to have enough evidence against the culprits.

  • If defiled it is important to report to the nearest police station before cleaning yourself.

  • Seek guidance from a relative, friend or local leader to whom you can openly confide in.

  • The Police will take your statement and give you a letter forwarding you for a medical check-up.

  • The case should be tried in the government courts of law and not local council or family courts. /li>

    PSYCHOLOGICAL HELP
    After defilement, victims need gentleness and acceptance. To positively affect recovery, there are things you should and should not do.
  • Your anger should never be directed toward her. Under no circumstances should you accuse or judge her.

  • Reassure her that she is not responsible for being defiled.

  • Never imply that she secretly may have enjoyed the experience.

  • Defilement robs the woman of a sense of control over her life. To regain control, she should be encouraged to make decisions about events affecting her. Just encourage her to accept certain decisions. Do not make decisions for her, even though you want to help her by ‘taking charge.’

  • Do not demand immediate open communication about the incident.

  • Do not hold or touch her without her permission or unless she indicates that such comfort is welcome.

  • In case of rape, contact medical personnel for ARVs in less than 24 hours and for contraceptives