THE LAW RELATING TO DOMESTIC VIOLENCE, RAPE AND DEFILEMENT
The offence of rape is defined in Section 117 of the Penal Code Act (Cap.106 of the Laws of Uganda). "Any person who has unlawful carnal knowledge of a woman without her consent, or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of bodily harm, or means of false representation as to the nature of the act, or in the case of married women, by personating her husband, is guilty of the felony termed rape". Section 118 of the Penal Code act prescribes the punishment of rape and it provides thus: - " Any person convicted of rape shall be liable to suffer death
The Penal Code act also provides for attempted rape. Under section 119, it is provided that: - " Any person who attempts to commit rape is guilty of a felony and is liable to imprisonment for life, with or without corporal punishment.
Section 123 of the Penal Code provides for defilement of girls under 18 years of age. Section 123(1) states that: - " Any person who unlawfully has sexual intercourse with a girl under the age of eighteen years is guilty of an offence and is liable to suffer death."
Sub-section 2 of Section 123 of the Penal Code provides for attempts to defile a girl under the age of eighteen years. It states that: "Any person who attempts to have unlawful sexual intercourse with a girl under the age of eighteen years is guilty of an offence and is liable to imprisonment for eighteen years with or without corporal punishment".
Q.15 Has the legal system taken any step to help the boy child in case of sexual Abuse?
The Ugandan Law Reform Commission recommended that in the upcoming Sexual Offences Bill, the offence of Indecent Assault should be revised to cater for the boy child too. It was suggested that any person who performs a sexual act with a boy below 18 years of age commits the offence of defilement.