Published on 16/12/2024
Law Development Centre (LDC) appealed to Parliament seeking to exempt consensual teenage relationships from defilement laws that impose up to 18 years in prison. They argued that criminalizing close-in-age romances unfairly punishes young couples.
Paul Mukiibi, Head of Law Reporting, Research and Reform at the LDC, presented the proposal during a Joint Committee session on Legal and Gender Affairs, as part of discussions on the Sexual Offences Bill, 2024. The Bill, introduced by Soroti District Woman MP Anna Adeke, aims to address various aspects of sexual misconduct, including defilement and sex work.
“The defilement provisions in the Bill could unintentionally criminalize consenting relationships between adolescents close in age, negatively impacting their futures,” Mukiibi argued. He recommended introducing a “close-in-age” exception to differentiate consensual teenage relationships from exploitative ones.
“Courts have occasionally ruled that consensual relationships between teenagers aged 15 to 17 should not be criminalized. Including an exception clause would prevent unfair blanket criminalization,” he added.
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Regulating Sex Work and Addressing Root Causes
The LDC also cautioned against criminalizing prostitution, emphasizing the need to tackle its underlying socio-economic drivers. Mukiibi warned that punishing sex workers without addressing their vulnerabilities could disproportionately harm marginalized populations.
“Legislation alone cannot eradicate sex work without addressing poverty and economic necessity, which push individuals into this trade. Criminalizing it without addressing root causes would perpetuate arrests and deepen societal disparities,” he said.
Ruhaama County MP Henry Nkwasiibwe supported regulation over prohibition, acknowledging the persistence of prostitution through history. He proposed designating specific areas for the practice to manage its prevalence.
However, Legal and Parliamentary Affairs Chairperson Stephen Baka clarified that Mukiibi’s remarks focused on mitigating harm rather than explicitly advocating for decriminalization.
Concerns Over the Sex Offenders Register
The LDC endorsed the creation of a Sex Offenders Register, a key provision in the Bill, as a tool for enhancing public safety and accountability. However, Mukiibi expressed concerns about the lack of mechanisms to remove low-risk offenders from the register, warning of lifelong stigmatization.
“The absence of a provision for de-registration creates permanent stigma, hindering rehabilitation. Courts should have discretion to review and potentially remove names after a certain period,” he suggested.
Nakaseke Central MP Allan Mayanja proposed charging a modest fee for accessing the register to support its maintenance, an idea Mukiibi found practical, provided fees remain affordable.
Balancing Justice and Rehabilitation
The LDC welcomed provisions for victim compensation and criminalizing amicable settlements of sexual offences, noting the importance of addressing trauma for victims. However, it raised concerns about the compatibility of these measures with plea bargaining, which is increasingly promoted to resolve case backlogs.
On the death penalty for aggravated rape, the LDC suggested courts retain discretion to impose life imprisonment instead, deeming capital punishment excessive in contemporary contexts.
Closing Gaps in Sexual Harassment and Jurisdiction
Mukiibi warned that provisions on sexual harassment might be open to abuse without clear guidelines defining “unwanted advances.” Additionally, extending the law’s jurisdiction to offences committed abroad could present enforcement and diplomatic challenges, particularly without robust safeguards.
“Ambiguous provisions could lead to misuse, international conflicts, or financial burdens,” he noted.
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The Sexual Offences Bill, 2024, continues to stir debate as stakeholders strive to strike a balance between justice, social realities, and individual rights.
