On Monday, February 24, 2014, Ugandan President Yoweri Museveni signed the anti-gays Bill into law. The Anti-Homosexuality Act, 2014, drew both praise, especially at home, and condemnation from the international community, some of who have already withdrawn donor support. So what exactly is this law about? Below is a summary of the 11-page document.
THE KEY TERMS/PHRASES UNDER THE ACT
A. ‘Sexual act’. This means;
a) physical sexual activity that does not necessarily culminate in intercourse and may include the touching of another’s breast, vagina, penis or anus
b) stimulation or penetration of a vagina or mouth or anus or any part of the body of any person, however slight by a sexual organ;
c) the unlawful use of any object or organ by a person on another person’s sexual organ or anus or mouth
B. ‘Sexual organ – vagina, penis or any artificial sexual contraption
C. Victim – a person who is involved in homosexual activities against his/her will
D. Touching – means touching;
a) with any part of the body;
b) with anything else;
c) through anything and in particular touching which amounts to penetration of any sexual organ, anus or mouth
E. Homosexual – a person who engages or attempts to engage in same gender sexual activity
F. Homosexuality – means same gender or same sex sexual acts
THE ACT IN DETAIL
The offender
A person commits the offence of homosexuality if;
a) he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption;
b) he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex;
c) he or she touches another person with the intention of committing the act of homosexuality
The sentence – A person convicted of homosexuality is sentence to life imprisonment
Aggravated homosexuality
This occurs, when
a) the victim is below 18 years
b) the offender is HIV+
c) the offender is guardian of victim
d) the victim is a person with disability
e) the offender is a serial offender
f) when the offender uses a drugs, etc to overpower the victim in order to engage them in homosexual acts
The sentence – A person convicted for aggravated homosexuality or attempted homosexuality gets life in jail
Protection, assistance and compensation
a) victims of homosexuality shall not be penalized
b) a victim shall be assisted during legal proceedings
c) a victim may be compensated for physical, sexual or psychological harm suffered
Confidentiality
a) a law enforcement officer, prosecutor, judicial officer and medical officer shall recognize the right to privacy of a victim of homosexuality during trial and investigation
b) where children are involved, court may conduct proceedings in camera
c) An editor, publisher, reporter or columnist, announcer, producer, film director, users of trimedia facilities or IT who publishes a victim’s identity without authority of victim of court is fined 250 currency points
Aiding or abetting homosexuality
A person who aids, abets, counsels or procures another to engage in homosexuality gets jailed for seven years
Conspiracy to engage in homosexuality
A person who conspires with another to induce another person of the same sex to get involved in homosexual acts gets jailed for seven years
Procuring homosexuality by threats
A person who, through threats or intimidation or by false pretenses procures or attempts to make a man or woman have carnal knowledge with a person of the same sex commits an offence and gets jailed for seven years.
Detention with intent to commit homosexuality
A person who detains another with intention to commit acts of homosexuality with him/her or with another person gets seven years in jail
Brothels
A person who keeps a house, room, set of rooms or place of any kind for homosexuality gets seven years in jail
Same sex marriage
A person who purports to contract a marriage with another person of the same sex commits an offence of homosexuality and gets jailed for life. Additionally, a person or institution that conducts such marriage gets seven years in jail for the individual and cancellation of licence for the institution
Promotion of homosexuality
A person who participates in the production, procuring, marketing, broadcasting, disseminating, publishing, or funding and sponsoring; or offers premises, or uses electronic devices (internet, films, mobile phones) for promoting homosexuality or one who acts as an accomplice to abet homosexuality, commits an offence.
Sentence for promoting homosexuality – a person who promotes homosexuality is fined 5,000 currency points, minimum of five years or maximum of seven years or both. Where the offender is a corporate body, business, NGO or an association, certificate of registration shall be cancelled, director or proprietor sentenced to seven years in jail.
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