Sexual Offences Bill

(
),
I
\
( )
I ~
BILLS
SUPPLEMENT No. 1 14th January, 2011.
BILLS SUPPLEMENT
to the Ugallda Gazette No. 2 Volume C!V dated 14th Jalluary, 2011.
Printed by UPPC, Entebbe by Order of the Government.
Bill No.1 Sexual Offences Bill 2011
THE SEXUAL OFFENCES BILLj 2011
MEMORANDUM
The object of this Bill is to-
(a) consolidate and repeal laws relating to sexual offences;
(b) combat sexual violence;
(c) provide for the punishment of perpetrators of sexual
offences; and
(d) provide for protection of victims during trial of. sexual
offences.
Part !-Preliminary of the Bill, incorporates clause 1 and provides
for the interpretation of the words and phrases used in the Bill.
Part 11-Sexual Offences incorporating clauses 2 to 22 provides;
Rape, Aggravated Rape, Attempt to commit rape, Abduction,
Administering substance for purpose of committing a sexual act,
Elopement, Sexual Assault, Sexual act with a person with a mental
disorder impeding choice, Procuration, Inducement to allow sexual
act, Householder, etc. permitting defilement of child, Detention with
sexual intent, Person living on earnings of prostitution, Brothels,
Prohibition of prostitution, Conspiracy to commit unlawful sexual
act, Unnatural offences, Attempt to commit unnatural offences,
Indecent practices and acts, Incest, Test of relationship and Consent
to prosecution.
Part HI-Sexual Offences Against Children incorporating clauses
24 and 25 provides for Defilement of persons under eighteen years of
age and Child to child sex.
Part IV-Special Powers Of Court And Jurisdiction incorporating
clauses 26 to 29 provides for Payment of compensation to victims of
defilement, Proceedings held in camera, Prohibition of publication of
information and Power of search.
Part 'Provisions clauses 30 to 31
provides for Extra-Tenitorial Jurisdiction, Regulations and Savings.
'.I] ?i lliiJ 'lu i.JJ!do ;rlT
, :Ai It) rHQN. ALISEMEE;:A.
MP Bundibugyo District UWOPA.
');
u;:-, .',HtiJ:)Jc:rnirnhA
,Jfl:)[Jnqu!J
'.; iJ i >'.J( i [[! i ; ,f ;,;;'I i.J
t
(
\
BilLNo. 1 Sexual Offences Bill
2011
THE SEXUAL OFFENCES BILL, 2011
ARRANGEMENT OF CLAUSES
Clause
PART I-PRELIMINARY
1. Interpretation
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
PART II-SEXUAL OFFENCES
Rape
Rape under marriage
Aggravated Rape
Attempt to commit rape
Abduction
Administering substance for purpose of committing a sexual act
Elopement
Sexual Harassment
Sexual act with a person with a mental disorder impeding choice
Procuration
Inducement to allow sexual act
Householder, etc. permitting defilement of child
Detention with sexual intent
Person living on eamings of prostitution
Brothels
Prohibition of prostitution
Conspiracy to commit unlawful sexual act

Incest I Class ....
Test of relationship !
1, /1 CC' '\('''.\Oil r,J ') '
i'\ .. ) "- i
' LC:Cl/\L. FZESO U f\ C E. C [ 1\lTf< t:: )
1
Consent to prosecution
Bill No.1
Clause
Sexual Offences Bill
PART III--SEXUAL OFFENCES AGAINST CHILDREN
25. Defilement of persons under eighteen years of age
26. Child to child sex
PART IV-COURT POWERS AND JURISDICTION
27. Payment of compensation to victims of defilement
28. Proceedings held in camera
29. Prohibition of publication of information
30. Power of search
PART V-MISCELLENEOUS PROVISIONS
31. Extra-Tenitorial Jurisdiction
32. Regulations
33. Savings
2
2011
Bill No.1 Sexual Offences Bill
SCHEDULE.
CURRENCY POINT
A cunency point is equal to twenty thousand shillings.
19
2011
(3) A person shall be deemed to be unlawfully detained for
immoral purposes if he or she is so detained for the purpose of sexual
intercourse or other sexual gratification with any pmiicular person or
generally. '
(4) Any person authorised by warrant under this section to
search for a person unlawfully detained for immoral purposes may
enter, if need be by force, any house, building or other place
mentioned in the warrant, and may remove that person from it.
PART V--MISCELLENEOUS PROVISIONS
31. Extra-Territorial Jurisdiction.
A person who, while being a citizen or a resident ofU ganda, commits
an unlawful sexual act outside Uganda in relation to another citizen
or resident of Uganda commits an offence and is triable under the
comis of Uganda.
32. Regulations.
The Minister may by statutory instrument make regulations, for
giving effect to the provisions of the Act, and lay it before Parliament
for information.
33. Savings.
The repeal, by this Act, of Chapter XIV of the Penal Code Act Cap
120 shall not apply to any offence that was committed before the
commencement o this Act.
18
(
Bill No.1
Sexual Offences Bill 2011
A BILL for an ACT
ENTITLED
THE SEXUAL OFFENCES ACT 2011
An ACT to consolidate and repeal laws relating to sexual
offences, combat sexual violence, to provide for the punishment
of perpetrators of sexual offences, provide for the protection of
victims during trial of sexual offences and for other related
matters.
BE IT ENACTED by Parliament as follows:
PART I-PRELIMINARY
1. Interpretation.
(1) In this Act, unless the context otherwise requires--
"brothel" means any movable or immovable property where
commercial sexual exploitation of a person occurs;
"child" means a person below the age of 18 years;
"coercive circumstances" include but are not limited to any
circumstance where--
(a) there is an application of force, whether explicit or
implicit direct or indirect, physical or psychological
against any person or animal;
3
Bill No.1
2011
(b) there are threats, whether verbal or through conduct,
of the application of physical force to the complainant
or to a person other than the complainant;
(c) there are threats, whether verbal or through conduct, to
cause harm other than bodily harm to, or use extmiion
against, or public humiliation or disgrace or mental
harassment of the complainant or any person other
than the complainant;
(d) the complainant is unlawfully detained;
(e) the complainant is affected by-
(i) physical disability, mental incapacity, sensory
disability, inteller , ual disability or other
disability, whether pennanent or temporary; or
(ii) intoxicating liquor or any drug or other substance
which mentally or physically incapacitates the
complainant; or
(iii) sleep.
To such an extent that the person is rendered incapable of
understanding the nature of the sexual act or deprived of the
oppmiunity to communicate unwillingness to submit to or to commit
the sexual act.
"disability" means a substantial functional limitation of daily life
activities caused by physical, mental or sensory impairment
and environment barriers resulting in limited participation;
"penis" includes a surgically constructed penis;
"rape" means an act of performing a sexual act-
(a) on another person without that person's consent;
4
(2) Subject to subsection (1 ), a judicial officer may authmize the
publication of the infonnation if the judicial officer is of opinion that-
(a) the publication is just and equitable; or
(b) the complainant or accused is 18 years of age or above age
of 18 years.
(3) No person shall at any stage from the time of the commission
of the offence to the appearance of an accused in a court upon any
charge or at any stage after such appearance but before the accused
has pleaded to the charge, publish any information which may reveal
the identity of the complainant with or in relation to whom the
offence is alleged to have been committed.
(4) A person who publishes any information in contravention of
this section, commits an offence and is liable on conviction to a fine
of twelve currency points or imprisonment for six months or both.
30. Power of search.
(1) lfitappears to a magistrate, on infonnation made before him or
her on oath by any person who, in the opinion of the magistrate, is acting
bona fide in the interests of any other person, that there is reasonable
cause to suspect that that person is unlawfully detained for immoral
purposes in any place within the jurisdiction of that magistrate, the
magistrate may issue a warrant authorising the person named in it to
search for, and, when found, to keep in a place of safety the person
unlawfully detained until he or she can be brought before a magistrate;
and the magistrate before whom a person unlawfully detained is brought
may cause that person to be delivered up to the parents or guardian or
otherwise dealt with as the circumstances may permit and require.
(2) A magistrate issuing such wanant may, by the same or any
other warrant, cause any person accused of so unlawfully detaining
such person to be apprehended and brought before a magistrate and
proceedings to be taken for punishing that person according to law.
17
(2) Where an offence under section 24 is committed by a male
child and a female child upon each other when each is not below the
age of twelve years of age, each of the offenders shall be dealt with
as required by Part X of the Children Act.
27. Payment of compensation to victims of defilement.'
( 1) Where a person is convicted of an offence under this Act, the
court may in addition to any sentence imposed on the offender, order
that the victim of the offence be paid compensation by the offender
for any physical, sexual and psychological harm caused to the victim
by the offence.
(2) The amount of compensation shall be detennined by the court
and the comt shall take into account the extent of hann suffered by the
victim of the offence, the degree of force used by the offender and medical
and other expenses incurred by the victim as a result of the offence.
28. Proceedings held in camera.
( 1) In criminal proceedings under this Act, the court before
which such proceedings are held shall, to the extent authorized by the
provisions of Article 28(2) of the Constitution, direct that any person
whose presence is not necessary at such proceedings, not be present,
unless the complainant and the accused otherwise request.
(2) Where the complainant and the accused are disagreeing
under subsection ( 1 ), the comi shall decide as it thinks fit.
(3) Where the complainant is a child, the court shall take into
consideration, and act in accordance with the best interests of the child.
29. Prohibition of publication of information.
(1) Where a court directs under section 27 that any person or
class of persons shall not be present at criminal proceedings, no
person shall publish any information which may reveal the identity of
a complainant or accused in the proceedings.
16
Bill No. 1 Sexual Offences Bill 2011
(b) with the consent of that other person if the consent is
obtained by force or by means of threats or
intimidation of any kind or by fear of bodily harm;
(c) with the consent of that other person, if the consent is
obtained by means of false representations as to the
nature of the act, or in the case of a wo111an, by
personating her husband or in the case of a man
commits a felony known as rape.
"serial offender" means a person who has a previous conviction
for the offence of rape, aggravated rape, defilement or
aggravated defilement;
"sexual act" means-
(a) direct or indirect contact with the anus, breasts, penis,
buttocks or vagina of one person and any other part of
the body of another person; or
(b) exposure or display of the genital organs of one person
to another person;
(c) the insertion of any part of the body of a person or of
any pmi ofthe body of an animal or any object into the
vagina or penis or anus of another person; or
(d) cunnilingus; fellatio or any other form of genital
stimulation,
but does not include contact, exposure, insertion or genital
stimulation done by a hand or any unharmful object-
(a) for sound health practices or proper medical purposes;
(b) for reasonable necessary body search by law enforcement
agencies--
5
Bill No.1
2011
(i) done for lawful purposes without putting in jeopardy
the health and safety of the arrestee suspect or person
being searched and
(ii) not carried out abusively or for humiliating or
punishing an arrestee, suspect or any person who is
being searched.
"sexual organ" means a vagina or a penis;
"prostitute and prostitution" means a person who, in public or
elsewhere, regularly or habitually holds himself or herself
out as available for sexual intercourse or other sexual
gratification for monetary ~ other material gain, and
"prostitution" shall be construed accordingly.
"vagina" includes a surgically constructed vagina.
2. Rape.
A person who carries out rape commits an offence and is liable on
conviction to imprisonment not exceeding ten years.
3. Rape under marriage.
Marriage or any other relationship shall not be a defense against a
charge under this Act where it is shown that-
(a) the complainant spouse or partner was sick;
(b) the accused spouse or pminer had or was reasonably
suspected to have sexually transmissible disease;
(c) violence or threats were used to engage in a sexual act;
(d) one of the spouses had deserted.
6
2011,
(3) A person who performs a sexual act with another person who
is below the age of eighteen years in any of the circumstances
specified in subsection ( 4) cotnmits a felony called aggravated
defilement and IS on conviction by the High Court liable to life
imprisonment.
( 4) The circumstances refened to m subsection (3) are as
follows-
(a) where the person against whom the offence is committed is
below the age of fourteen years;
(b) where the offender is infected with the Human
Immunodeficiency Virus (HIV) .
(c) where the offender is a parent or guardian of or a person in
authority over, the person. against whom the offence is
committed;
(d) where the victim of the offence is a person with a disability;
or
(e) where the offender is a serial offender.
(5) Any person who attempts to perform a sexual act with
another person below the age of eighteen years in any of the
circumstances specified in sub section ( 4 ), commits an offence and is
liable on conviction, to imprisonment for life.
(6) Where a person is charged with an offence under this section
that person shall undergo a medical examination as to his or her
Human Immunodeficiency Virus (HIV) status.
26. Child to child sex.
(1) Where the offender in the case of any offence is a child under
the age of twelve years, the matter shall be dealt with as required by
Pa1i V of the Children Act.
15
(3) It is immaterial that sexual intercourse took place with the
consent of the other person.
( 4) Where a person is convicted of an offence under this section
in relation to a person under the age of eighteen years, the comi may
divest the offender of all authority ever that person, and if the
offender is the guardian of such person the comi may order the
termination of the guardianship and appoint another person as
guardian.
(5) The High Court may, at any time, vary or rescind an order
made under subsection (3) by the appointment of any other person as
a guardian or in any other respect.
23. Test of relationship.
In section 21, the expressions "brother" and "sister" respectively
include half-brother and half-sister, and the section shall apply
whether the relationship between the person charged with an offence
and the person with whom the offence, is alleged to have been
committed is or is not traced through lawful wedlock.
24. Consent to prosecution.
No prosecution for an offence undersection 21 shall be commenced
without the sanction of the Director of Public Prosecutions
PART III-SEXUAL OFFENCES AGAINST CHILDREN
25. Defilement of persons under eighteen years of age.
is below t ~ age of eighteen years commits a felony known as
defilement and is on conviction liable to life imprisonment.
(2) A person who attempts to perform a sexual act with another
person who is below the age of eighteen years commits an offence
and is on conviction, liable to hnprisonment not exceeding eighteen
years.
14
4. Aggravated rape.
(1) A person commits the offence of aggravated rape where-
(a) the offender is infected with HIV or suffering from AIDS;
(b) the offender is infected with a sexually transmitted disease;
(c) the offender is a serial offender;
(d) the person suffers disability.
(2) A person who commits the offence of aggravated rape is
liable on conviction to life imprisonment.
5. Attempt to commit rape.
A person who attempts to commit rape commits an offence and is
liable on conviction to imprisonment not exceeding ten years.
6. Abduction.
A person who-
(a) with intent to many or be married to, or to perfonn a sexual
act with another person, or to cause that person to marry or
to be married, or to have that person perform a sexual act or
have a sexual act performed upon him or her, or to traffic in
that other person in or outside Uganda takes that other
person away or detains him or her against his or her will; or
(b) unlawfully takes another person under the age of 18 years
out of the custody of either or both of the parents or of any
other person having lawful care or charge over that person,
commits an offence and is liable on conviction to
imprisonment not exceeding fourteen years.
7
7. Administering substance for purpose of committing a sexual
act.
A person, who administers, applies or causes another person, to take
any substance with the intent--
(a) to overpower another person in order to commit a sexual
act with himself/herself or any other person; or
(b) to induce another person to commit a sexual act with
himself or herself or any other person commits an offence,
and is liable on conviction to imprisonment not exceeding 6 months
or a fine of twelve currency points or both.
8. Elopement.
A person who elopes with a married person or entices or causes a
married person to elope with him or her, commits an offence and is
liable on conviction to a fine not exceeding twenty four currency
points or imprisonment not exceeding two years or both.
9. Sexual harassment.
( 1) A person commits an offence if-
(a) he or she intentionally touches another person;
(b) the touching is sexual;
(c) the person does not consent to the touching; and
(d) the offender does not reasonably believe that the person
consents.
(2) Whether a belief is reasonable is to be determined having
regard to all the circumstances, including any steps the offender has
taken to ascetiain whether the person consents.
is liable to imprisonment for a term not exceeding ten years.
8
Bill No.1 Sexual Offences Bill ' 2011
22. Incest.
(1) A person who has a sexual act with another person with whom,
to his or her ktiowledge, any of the following relationships exists-
mother father
mother's daughter father's son
daughter son
father's mother father's father
mother's mother mother's father
son's daughter son's son
daughter's daughter daughter's son
sister brother
wife's mother husband's father
wife's daughter husband's son
father's sister father's brother
mother's sister mother's brother
brother's daughter brother's son
sister's daughter sister's son
father's brother's daughter father's brother's son
mother's sister's daughter mother's sister's son
son's wife daughter's husband
father's wife mother's husband
commits an offence and is liable on conviction to imprisonment not
exceeding seven years or, if that other person is under the age of
eighteen years of age, to imprisonment for life.
(2) For the purposes of an offence under (1)-
(a) a person who has adopted a child shall in relation to the child
be deemed to be the father or mother of the child as the case
maybe;
(b) a person who is a foster parent, guardian or other person in
the position of a parent shall be deemed to be the father or
mother of the child as the case may be.
13
19. Unnatural offences.
(1) A person who performs a sexual act with another person
against the order of nature with the consent of the other person
commits an offence, and is liable on conviction to imprisonment for
life.
(2) A person who performs a sexual act with an animal commits
an offence and is liable to imprisonmentnot exceeding two years.
(3) In addition to any sentence imposed on the offender for an
offence under subsection (2) the court may order the offender to pay
compensation to the owner of the animal and the amount of
compensation shall take into account the value 9f the animal, the
effect of the offence on the owner and any other factor appearing to
the court to be relevant.
20. Attempt to commit an unnatural offence.
A person who attempts to commit any of the offences specified in 19
above commits an offence and is liable on conviction to
imprisonment not exceeding six months.
21. Indecent practices and acts.
( 1) A person who intending to assault the modesty of any person,
utters any word, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such gesture
or object shall be seen by such person, or intmdes upon the privacy
of such person is guilty of a misdemeanor and is liable on conviction
to imprisonment for one year.
(2) A person, who whether in public or private commits an act
of gross indecency with hirn or her or attempts to procure the
commission of any such act by any person with himself or herself or
with another person whether in public or private commits an offence
and is liable on conviction to imprisonment not exceeding seven
years.
12
Bill No. 1 Sexual Offences Bill
2011
(3) It shall be no defence to a charge for a sexual assault on a
child to prove that she or he consented to the act of assault.
10. Sexual act with a person with a mental disorder impeding choice
( 1) A person who performs or attempts to perform a sexual act
with a person whom he or she kn0ws or believes to suffer from a
mental disease or defect that renders the person incapable of giving
consent to a sexual act commits an offence and is liable to
imprisonment for life.
(2) A person is unable to consent if-
( a) lacks the capacity to choose whether to agree to the sexual act
(whether because he lacks sufficient understanding of the
nature or reasonably foreseeable consequences of what is
being done, or for any other reason); or
(b) is unable to communicate such a choice to accused.
11. Procuration.
(1) Any person who-
( a) procures or attempts to procure any person under the age of
eighteen years to have unlawful sexual act, either in
Uganda or elsewhere, with any other person or persons;
(b) procures or attempts to procure any person to become, either
in Uganda or elsewhere, a common prostitute;
(c) procures or attempts to procure any person to leave Uganda,
with intent that the person may become an inmate of or
frequent a brothel elsewhere; or
(d) procures or attempts to procure any person to leave the usual
place of abode in Uganda, such place not being a brothel,
with intent that they may, for the purposes of prostitution,
become an inmate of or frequent a brothel either in Uganda
or elsewhere, commits an offence and is liable on
conviction to imprisonment not exceeding seven years.
9
Bill No.1
2011
(2) For the purposes of (1) a sexual act is primafacie unlawful if
it takes place in any coercive circumstances.
12. Inducement to allow sexual act.
(1) A person who induces another person by false pretence or
fraudulent means to allow another person to commit a sexual act with
that other person either in Uganda or elsewhere commits an offence.
(2) A person who induces another to submit to a sexual act
through the use of his authority, status, power, privilege or other
undue influence, commits an offence
13. Householder, etc. permitting defilement of child.
A person who, being the owner or occupier of premises or having or
acting or assisting in the management or control of the premises, induces
or knowingly suffers any child to resort to or be upon such premises for
the purpose of a sexual act being perfonned upon him or her, whether the
sexual act is intended to be with any pmiicular person, commits a felony
and is liable to imprisonment not exceeding five years.
14. Detention with sexual intent.
( 1) Any person who unlawfully detains another person for the
purpose of having unlawful sexual act commits an offence.
(2) Where a person is in any place for the purpose of having unlawful
sexual act, a person shall be deemed to have unlawfully detained that
person if, with intent to induce him or her to remain in that place, such
person withholds fiom the person detained any wearing apparel or other
property belonging to the person detained or where wearing apparel has
been lent or supplied by that person, such person in any manner threatens
that other person if he or she takes away the wearing apparel.
(3) No legal proceedings, whether civil or criminal, shall be
taken against any person unlawfully detained under this section for
taking away or being found in possession of any wearing apparel as
was necessary to enable that person to leave the place where the
detention occurred.
10
Bill No.1 Sexual q[[ences Bill 2011
(4) A person convicted of an offence under subsection (l)or (3)
is liable on conviction to imprisonment not exceeding seven years.
( 5) Where a person is detained in custody, any person having
authority to detain or keep that person in custody and any inmate or
other person who procures, participates in, compels, facilitates or has
unlawful sexual act with the person detained commits an offence and
is liable on conviction to imprisonment for life.
15. Person living on earnings of prostitution.
(1) Every person who knowingly lives wholly or in pmi on the
earnings of prostitution and every person who in any place solicits or
importunes for immoral purposes commits an offence and is liable on
(2) Where a person is proved to live with or to be habitually in
the company of a prostitute or is proved to have exercised control,
direction or influence over the movements of a prostitute in such a
manner as to show that he or she is aiding, abetting or compelling his
or her prostitution with any other person, or generally, that person
shall, unless he or she shall satisfy the comi to the contrary, be
deemed to be lmowingly living on the earnings of prostitution.
16. Brothels.
Any person who keeps a house, room, set of rooms or place of any
kind for purposes of prostitution commits an offence and is liable on
17. Prohibition of prostitution.
Any person who practices or engages in prostitution commits an offence
and is liable on conviction to imprisonment not exceeding seven years.
18. Conspiracy to commit unlawful sexual act.
A person who conspires with another to induce a person by means of
false pretence or other fraudulent means, to permit a person to
perform an unlawful sexual act with him or her, commits a felony and
is liable on conviction to imprisonment not exceeding fourteen years.
11
Bill No.1
2011
(2) For the purposes of (1) a sexual act is primafacie unlawful if
it takes place in any coercive circumstances.
12. Inducement to allow sexual act.
(1) A person who induces another person by false pretence or
fraudulent means to allow another person to commit a sexual act with
that other person either in Uganda or elsewhere commits an offence.
(2) A person who induces another to submit to a sexual act
through the use of his authority, status, power, privilege or other
undue influence, commits an offence
13. Householder, etc. permitting defilement of child.
A person who, being the owner or occupier of premises or having or
acting or assisting in the management or control of the premises, induces
or knowingly suffers any child to resort to or be upon such premises for
the purpose of a sexual act being perfonned upon him or her, whether the
sexual act is intended to be with any pmiicular person, commits a felony
and is liable to imprisonment not exceeding five years.
14. Detention with sexual intent.
( 1) Any person who unlawfully detains another person for the
purpose of having unlawful sexual act commits an offence.
(2) Where a person is in any place for the purpose of having unlawful
sexual act, a person shall be deemed to have unlawfully detained that
person if, with intent to induce him or her to remain in that place, such
person withholds fiom the person detained any wearing apparel or other
property belonging to the person detained or where wearing apparel has
been lent or supplied by that person, such person in any manner threatens
that other person if he or she takes away the wearing apparel.
(3) No legal proceedings, whether civil or criminal, shall be
taken against any person unlawfully detained under this section for
taking away or being found in possession of any wearing apparel as
was necessary to enable that person to leave the place where the
detention occurred.
10
Bill No.1 Sexual q[[ences Bill 2011
(4) A person convicted of an offence under subsection (l)or (3)
is liable on conviction to imprisonment not exceeding seven years.
( 5) Where a person is detained in custody, any person having
authority to detain or keep that person in custody and any inmate or
other person who procures, participates in, compels, facilitates or has
unlawful sexual act with the person detained commits an offence and
is liable on conviction to imprisonment for life.
15. Person living on earnings of prostitution.
(1) Every person who knowingly lives wholly or in pmi on the
earnings of prostitution and every person who in any place solicits or
importunes for immoral purposes commits an offence and is liable on
(2) Where a person is proved to live with or to be habitually in
the company of a prostitute or is proved to have exercised control,
direction or influence over the movements of a prostitute in such a
manner as to show that he or she is aiding, abetting or compelling his
or her prostitution with any other person, or generally, that person
shall, unless he or she shall satisfy the comi to the contrary, be
deemed to be lmowingly living on the earnings of prostitution.
16. Brothels.
Any person who keeps a house, room, set of rooms or place of any
kind for purposes of prostitution commits an offence and is liable on
17. Prohibition of prostitution.
Any person who practices or engages in prostitution commits an offence
and is liable on conviction to imprisonment not exceeding seven years.
18. Conspiracy to commit unlawful sexual act.
A person who conspires with another to induce a person by means of
false pretence or other fraudulent means, to permit a person to
perform an unlawful sexual act with him or her, commits a felony and
is liable on conviction to imprisonment not exceeding fourteen years.
11
19. Unnatural offences.
(1) A person who performs a sexual act with another person
against the order of nature with the consent of the other person
commits an offence, and is liable on conviction to imprisonment for
life.
(2) A person who performs a sexual act with an animal commits
an offence and is liable to imprisonmentnot exceeding two years.
(3) In addition to any sentence imposed on the offender for an
offence under subsection (2) the court may order the offender to pay
compensation to the owner of the animal and the amount of
compensation shall take into account the value 9f the animal, the
effect of the offence on the owner and any other factor appearing to
the court to be relevant.
20. Attempt to commit an unnatural offence.
A person who attempts to commit any of the offences specified in 19
above commits an offence and is liable on conviction to
imprisonment not exceeding six months.
21. Indecent practices and acts.
( 1) A person who intending to assault the modesty of any person,
utters any word, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such gesture
or object shall be seen by such person, or intmdes upon the privacy
of such person is guilty of a misdemeanor and is liable on conviction
to imprisonment for one year.
(2) A person, who whether in public or private commits an act
of gross indecency with hirn or her or attempts to procure the
commission of any such act by any person with himself or herself or
with another person whether in public or private commits an offence
and is liable on conviction to imprisonment not exceeding seven
years.
12
Bill No. 1 Sexual Offences Bill
2011
(3) It shall be no defence to a charge for a sexual assault on a
child to prove that she or he consented to the act of assault.
10. Sexual act with a person with a mental disorder impeding choice
( 1) A person who performs or attempts to perform a sexual act
with a person whom he or she kn0ws or believes to suffer from a
mental disease or defect that renders the person incapable of giving
consent to a sexual act commits an offence and is liable to
imprisonment for life.
(2) A person is unable to consent if-
( a) lacks the capacity to choose whether to agree to the sexual act
(whether because he lacks sufficient understanding of the
nature or reasonably foreseeable consequences of what is
being done, or for any other reason); or
(b) is unable to communicate such a choice to accused.
11. Procuration.
(1) Any person who-
( a) procures or attempts to procure any person under the age of
eighteen years to have unlawful sexual act, either in
Uganda or elsewhere, with any other person or persons;
(b) procures or attempts to procure any person to become, either
in Uganda or elsewhere, a common prostitute;
(c) procures or attempts to procure any person to leave Uganda,
with intent that the person may become an inmate of or
frequent a brothel elsewhere; or
(d) procures or attempts to procure any person to leave the usual
place of abode in Uganda, such place not being a brothel,
with intent that they may, for the purposes of prostitution,
become an inmate of or frequent a brothel either in Uganda
or elsewhere, commits an offence and is liable on
9
7. Administering substance for purpose of committing a sexual
act.
A person, who administers, applies or causes another person, to take
any substance with the intent--
(a) to overpower another person in order to commit a sexual
act with himself/herself or any other person; or
(b) to induce another person to commit a sexual act with
himself or herself or any other person commits an offence,
and is liable on conviction to imprisonment not exceeding 6 months
or a fine of twelve currency points or both.
8. Elopement.
A person who elopes with a married person or entices or causes a
married person to elope with him or her, commits an offence and is
liable on conviction to a fine not exceeding twenty four currency
points or imprisonment not exceeding two years or both.
9. Sexual harassment.
( 1) A person commits an offence if-
(a) he or she intentionally touches another person;
(b) the touching is sexual;
(c) the person does not consent to the touching; and
(d) the offender does not reasonably believe that the person
consents.
(2) Whether a belief is reasonable is to be determined having
regard to all the circumstances, including any steps the offender has
taken to ascetiain whether the person consents.
is liable to imprisonment for a term not exceeding ten years.
8
Bill No.1 Sexual Offences Bill ' 2011
22. Incest.
(1) A person who has a sexual act with another person with whom,
to his or her ktiowledge, any of the following relationships exists-
mother father
mother's daughter father's son
daughter son
father's mother father's father
mother's mother mother's father
son's daughter son's son
daughter's daughter daughter's son
sister brother
wife's mother husband's father
wife's daughter husband's son
father's sister father's brother
mother's sister mother's brother
brother's daughter brother's son
sister's daughter sister's son
father's brother's daughter father's brother's son
mother's sister's daughter mother's sister's son
son's wife daughter's husband
father's wife mother's husband
commits an offence and is liable on conviction to imprisonment not
exceeding seven years or, if that other person is under the age of
eighteen years of age, to imprisonment for life.
(2) For the purposes of an offence under (1)-
(a) a person who has adopted a child shall in relation to the child
be deemed to be the father or mother of the child as the case
maybe;
(b) a person who is a foster parent, guardian or other person in
the position of a parent shall be deemed to be the father or
mother of the child as the case may be.
13
(3) It is immaterial that sexual intercourse took place with the
consent of the other person.
( 4) Where a person is convicted of an offence under this section
in relation to a person under the age of eighteen years, the comi may
divest the offender of all authority ever that person, and if the
offender is the guardian of such person the comi may order the
termination of the guardianship and appoint another person as
guardian.
(5) The High Court may, at any time, vary or rescind an order
made under subsection (3) by the appointment of any other person as
a guardian or in any other respect.
23. Test of relationship.
In section 21, the expressions "brother" and "sister" respectively
include half-brother and half-sister, and the section shall apply
whether the relationship between the person charged with an offence
and the person with whom the offence, is alleged to have been
committed is or is not traced through lawful wedlock.
24. Consent to prosecution.
No prosecution for an offence undersection 21 shall be commenced
without the sanction of the Director of Public Prosecutions
PART III-SEXUAL OFFENCES AGAINST CHILDREN
25. Defilement of persons under eighteen years of age.
is below t ~ age of eighteen years commits a felony known as
defilement and is on conviction liable to life imprisonment.
(2) A person who attempts to perform a sexual act with another
person who is below the age of eighteen years commits an offence
and is on conviction, liable to hnprisonment not exceeding eighteen
years.
14
4. Aggravated rape.
(1) A person commits the offence of aggravated rape where-
(a) the offender is infected with HIV or suffering from AIDS;
(b) the offender is infected with a sexually transmitted disease;
(c) the offender is a serial offender;
(d) the person suffers disability.
(2) A person who commits the offence of aggravated rape is
liable on conviction to life imprisonment.
5. Attempt to commit rape.
A person who attempts to commit rape commits an offence and is
liable on conviction to imprisonment not exceeding ten years.
6. Abduction.
A person who-
(a) with intent to many or be married to, or to perfonn a sexual
act with another person, or to cause that person to marry or
to be married, or to have that person perform a sexual act or
have a sexual act performed upon him or her, or to traffic in
that other person in or outside Uganda takes that other
person away or detains him or her against his or her will; or
(b) unlawfully takes another person under the age of 18 years
out of the custody of either or both of the parents or of any
other person having lawful care or charge over that person,
commits an offence and is liable on conviction to
imprisonment not exceeding fourteen years.
7
Bill No.1
2011
(i) done for lawful purposes without putting in jeopardy
the health and safety of the arrestee suspect or person
being searched and
(ii) not carried out abusively or for humiliating or
punishing an arrestee, suspect or any person who is
being searched.
"sexual organ" means a vagina or a penis;
"prostitute and prostitution" means a person who, in public or
elsewhere, regularly or habitually holds himself or herself
out as available for sexual intercourse or other sexual
gratification for monetary ~ other material gain, and
"prostitution" shall be construed accordingly.
"vagina" includes a surgically constructed vagina.
2. Rape.
A person who carries out rape commits an offence and is liable on
conviction to imprisonment not exceeding ten years.
3. Rape under marriage.
Marriage or any other relationship shall not be a defense against a
charge under this Act where it is shown that-
(a) the complainant spouse or partner was sick;
(b) the accused spouse or pminer had or was reasonably
suspected to have sexually transmissible disease;
(c) violence or threats were used to engage in a sexual act;
(d) one of the spouses had deserted.
6
2011,
is below the age of eighteen years in any of the circumstances
specified in subsection ( 4) cotnmits a felony called aggravated
defilement and IS on conviction by the High Court liable to life
imprisonment.
( 4) The circumstances refened to m subsection (3) are as
follows-
(a) where the person against whom the offence is committed is
below the age of fourteen years;
(b) where the offender is infected with the Human
Immunodeficiency Virus (HIV) .
(c) where the offender is a parent or guardian of or a person in
authority over, the person. against whom the offence is
committed;
(d) where the victim of the offence is a person with a disability;
or
(e) where the offender is a serial offender.
(5) Any person who attempts to perform a sexual act with
another person below the age of eighteen years in any of the
circumstances specified in sub section ( 4 ), commits an offence and is
liable on conviction, to imprisonment for life.
26. Child to child sex.
(1) Where the offender in the case of any offence is a child under
the age of twelve years, the matter shall be dealt with as required by
Pa1i V of the Children Act.
15
(2) Where an offence under section 24 is committed by a male
child and a female child upon each other when each is not below the
age of twelve years of age, each of the offenders shall be dealt with
as required by Part X of the Children Act.
27. Payment of compensation to victims of defilement.'
( 1) Where a person is convicted of an offence under this Act, the
court may in addition to any sentence imposed on the offender, order
that the victim of the offence be paid compensation by the offender
for any physical, sexual and psychological harm caused to the victim
by the offence.
(2) The amount of compensation shall be detennined by the court
and the comt shall take into account the extent of hann suffered by the
victim of the offence, the degree of force used by the offender and medical
and other expenses incurred by the victim as a result of the offence.
28. Proceedings held in camera.
( 1) In criminal proceedings under this Act, the court before
which such proceedings are held shall, to the extent authorized by the
provisions of Article 28(2) of the Constitution, direct that any person
whose presence is not necessary at such proceedings, not be present,
unless the complainant and the accused otherwise request.
(2) Where the complainant and the accused are disagreeing
under subsection ( 1 ), the comi shall decide as it thinks fit.
(3) Where the complainant is a child, the court shall take into
consideration, and act in accordance with the best interests of the child.
29. Prohibition of publication of information.
(1) Where a court directs under section 27 that any person or
class of persons shall not be present at criminal proceedings, no
person shall publish any information which may reveal the identity of
a complainant or accused in the proceedings.
16
(b) with the consent of that other person if the consent is
obtained by force or by means of threats or
intimidation of any kind or by fear of bodily harm;
(c) with the consent of that other person, if the consent is
obtained by means of false representations as to the
nature of the act, or in the case of a wo111an, by
personating her husband or in the case of a man
commits a felony known as rape.
"serial offender" means a person who has a previous conviction
for the offence of rape, aggravated rape, defilement or
aggravated defilement;
"sexual act" means-
(a) direct or indirect contact with the anus, breasts, penis,
buttocks or vagina of one person and any other part of
the body of another person; or
(b) exposure or display of the genital organs of one person
to another person;
(c) the insertion of any part of the body of a person or of
any pmi ofthe body of an animal or any object into the
vagina or penis or anus of another person; or
(d) cunnilingus; fellatio or any other form of genital
stimulation,
but does not include contact, exposure, insertion or genital
stimulation done by a hand or any unharmful object-
(a) for sound health practices or proper medical purposes;
(b) for reasonable necessary body search by law enforcement
agencies--
5
Bill No.1
2011
(b) there are threats, whether verbal or through conduct,
of the application of physical force to the complainant
or to a person other than the complainant;
(c) there are threats, whether verbal or through conduct, to
cause harm other than bodily harm to, or use extmiion
against, or public humiliation or disgrace or mental
harassment of the complainant or any person other
than the complainant;
(d) the complainant is unlawfully detained;
(e) the complainant is affected by-
(i) physical disability, mental incapacity, sensory
disability, inteller , ual disability or other
disability, whether pennanent or temporary; or
(ii) intoxicating liquor or any drug or other substance
which mentally or physically incapacitates the
complainant; or
(iii) sleep.
To such an extent that the person is rendered incapable of
understanding the nature of the sexual act or deprived of the
oppmiunity to communicate unwillingness to submit to or to commit
the sexual act.
"disability" means a substantial functional limitation of daily life
activities caused by physical, mental or sensory impairment
and environment barriers resulting in limited participation;
"penis" includes a surgically constructed penis;
"rape" means an act of performing a sexual act-
(a) on another person without that person's consent;
4
(2) Subject to subsection (1 ), a judicial officer may authmize the
publication of the infonnation if the judicial officer is of opinion that-
(a) the publication is just and equitable; or
(b) the complainant or accused is 18 years of age or above age
of 18 years.
(3) No person shall at any stage from the time of the commission
of the offence to the appearance of an accused in a court upon any
charge or at any stage after such appearance but before the accused
has pleaded to the charge, publish any information which may reveal
the identity of the complainant with or in relation to whom the
offence is alleged to have been committed.
(4) A person who publishes any information in contravention of
this section, commits an offence and is liable on conviction to a fine
of twelve currency points or imprisonment for six months or both.
30. Power of search.
(1) lfitappears to a magistrate, on infonnation made before him or
her on oath by any person who, in the opinion of the magistrate, is acting
bona fide in the interests of any other person, that there is reasonable
cause to suspect that that person is unlawfully detained for immoral
purposes in any place within the jurisdiction of that magistrate, the
magistrate may issue a warrant authorising the person named in it to
search for, and, when found, to keep in a place of safety the person
unlawfully detained until he or she can be brought before a magistrate;
and the magistrate before whom a person unlawfully detained is brought
may cause that person to be delivered up to the parents or guardian or
otherwise dealt with as the circumstances may permit and require.
(2) A magistrate issuing such wanant may, by the same or any
other warrant, cause any person accused of so unlawfully detaining
such person to be apprehended and brought before a magistrate and
proceedings to be taken for punishing that person according to law.
17
(3) A person shall be deemed to be unlawfully detained for
immoral purposes if he or she is so detained for the purpose of sexual
intercourse or other sexual gratification with any pmiicular person or
generally. '
(4) Any person authorised by warrant under this section to
search for a person unlawfully detained for immoral purposes may
enter, if need be by force, any house, building or other place
mentioned in the warrant, and may remove that person from it.
PART V--MISCELLENEOUS PROVISIONS
31. Extra-Territorial Jurisdiction.
A person who, while being a citizen or a resident ofU ganda, commits
an unlawful sexual act outside Uganda in relation to another citizen
or resident of Uganda commits an offence and is triable under the
comis of Uganda.
32. Regulations.
The Minister may by statutory instrument make regulations, for
giving effect to the provisions of the Act, and lay it before Parliament
for information.
33. Savings.
The repeal, by this Act, of Chapter XIV of the Penal Code Act Cap
120 shall not apply to any offence that was committed before the
commencement o this Act.
18
(
Bill No.1
Sexual Offences Bill 2011
A BILL for an ACT
ENTITLED
THE SEXUAL OFFENCES ACT 2011
An ACT to consolidate and repeal laws relating to sexual
offences, combat sexual violence, to provide for the punishment
of perpetrators of sexual offences, provide for the protection of
victims during trial of sexual offences and for other related
matters.
BE IT ENACTED by Parliament as follows:
PART I-PRELIMINARY
1. Interpretation.
(1) In this Act, unless the context otherwise requires--
"brothel" means any movable or immovable property where
commercial sexual exploitation of a person occurs;
"child" means a person below the age of 18 years;
"coercive circumstances" include but are not limited to any
circumstance where--
(a) there is an application of force, whether explicit or
implicit direct or indirect, physical or psychological
against any person or animal;
3
Bill No.1
Clause
PART III--SEXUAL OFFENCES AGAINST CHILDREN
25. Defilement of persons under eighteen years of age
26. Child to child sex
27. Payment of compensation to victims of defilement
28. Proceedings held in camera
29. Prohibition of publication of information
30. Power of search
PART V-MISCELLENEOUS PROVISIONS
31. Extra-Tenitorial Jurisdiction
32. Regulations
33. Savings
2
2011
SCHEDULE.
CURRENCY POINT
A cunency point is equal to twenty thousand shillings.
19
2011
(
),
I
\
( )
I ~
BILLS
SUPPLEMENT No. 1 14th January, 2011.
BILLS SUPPLEMENT
to the Ugallda Gazette No. 2 Volume C!V dated 14th Jalluary, 2011.
Printed by UPPC, Entebbe by Order of the Government.
THE SEXUAL OFFENCES BILLj 2011
MEMORANDUM
The object of this Bill is to-
(a) consolidate and repeal laws relating to sexual offences;
(b) combat sexual violence;
(c) provide for the punishment of perpetrators of sexual
offences; and
(d) provide for protection of victims during trial of. sexual
offences.
Part !-Preliminary of the Bill, incorporates clause 1 and provides
for the interpretation of the words and phrases used in the Bill.
Part 11-Sexual Offences incorporating clauses 2 to 22 provides;
Rape, Aggravated Rape, Attempt to commit rape, Abduction,
Administering substance for purpose of committing a sexual act,
Elopement, Sexual Assault, Sexual act with a person with a mental
disorder impeding choice, Procuration, Inducement to allow sexual
act, Householder, etc. permitting defilement of child, Detention with
sexual intent, Person living on earnings of prostitution, Brothels,
Prohibition of prostitution, Conspiracy to commit unlawful sexual
act, Unnatural offences, Attempt to commit unnatural offences,
Indecent practices and acts, Incest, Test of relationship and Consent
to prosecution.

Sexual Offences Bill

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sexual Offences Bill

Uploaded by

Copyright:

Available Formats

(

You might also like