The following is an extract from an article on the inaugural consideration of the Sexual Offences Bill, 2024, a comprehensive piece of legislation aimed at reforming laws around sexual violence and exploitation
The proposal to include the deliberate transmission of HIV to minors as an aggravating factor in cases of sexual violence was debated during the inaugural consideration of the Sexual Offences Bill by the Joint Committee of Legal and Gender Affairs.
Anna Adeke, the Member of Parliament for Soroti District Woman Representative, who had tabled the Sexual Offences Bill had suggested that spreading HIV to a minor during a sexual assault should elevate the crime to aggravated rape, carrying heavier penalties.
However, Fox Odoi, the MP for West Budama North East, and several other MPs rejected this idea, arguing that it could further stigmatize people living with HIV and be difficult to prove.
“There are many people living with HIV who are not aware of their status, and others who are on ARV treatment but still test positive,” Odoi explained.
“The Director of Public Prosecutions (DPP) herself has expressed concerns about the difficulty of prosecuting these cases, as proving knowledge of an HIV-positive status is virtually impossible.”
The debate also extended to the issue of the death penalty for rapists. Adeke had proposed that the death penalty be imposed on individuals convicted of rape, particularly in cases where the victim is a minor. Odoi, a staunch opponent of the death penalty, questioned the fairness and necessity of such a harsh punishment.
“Why are we introducing the death penalty for rape when other more egregious crimes like mass murder and genocide do not carry such a penalty?” Odoi asked.
He further criticised the proposal, stating, “In principle, I don’t support the death penalty for any offense. I thought we had moved away from this position as a country.”
While Adeke expressed disappointment over the rejection of her proposals, she acknowledged the challenges in achieving consensus on the Bill.
The Joint Committee of Legal and Gender Affairs is expected to continue its review of the Sexual Offences Bill, 2024, with further consultations and amendments.
The Bill, which aims to tackle issues of sexual violence, exploitation, and human trafficking, has sparked heated debates on the appropriate legal framework for addressing these sensitive issues.
As MPs grapple with the complexities of regulating sex work, preventing the spread of HIV, and ensuring justice for sexual violence victims, the discussions on the Bill are likely to remain contentious.
The Committee will be under pressure to strike a balance between protecting vulnerable groups and adopting practical policies that reflect the realities of Ugandan society.
