In a significant development, a 20-year-old man in Uganda has become the first person in the country to be charged with “aggravated homosexuality”, a crime that carries the death penalty under Uganda’s recently enacted anti-gay law. This move has drawn international attention and sparked widespread outrage.
Despite mounting pressure from Western governments and human rights organizations, Uganda passed one of the world’s most severe laws targeting the LGBTQ+ community in May. The law mandates life imprisonment for same-sex intercourse, with the option of the death penalty for “aggravated” cases. Aggravating factors include repeat offenses, engaging in gay sex that transmits terminal illnesses, or having same-sex intercourse with a minor, elderly person, or someone with disabilities.
According to the charge sheet obtained by Reuters, the defendant was charged on August 18 with aggravated homosexuality for engaging in unlawful sexual intercourse with a 41-year-old man. However, the document does not specify why the act is considered aggravated.
Jacqueline Okui, spokesperson for the office of the director of public prosecutions, stated that due to the capital nature of the offense, the charge was read and explained to the defendant in the Magistrate’s Court. The defendant has been remanded pending trial. Okui did not provide further details about the case and stated that she was unaware of any previous instances of individuals being charged with aggravated homosexuality.
Justine Balya, the defendant’s attorney, strongly believes that the entire law is unconstitutional. Although the law has been challenged in court, the judges have not yet taken up the case. Balya mentioned that four other individuals have been charged under this law since its enactment, but her client is the first to face prosecution for aggravated homosexuality. She declined to comment on the specifics of his case.
While Uganda has not executed anyone in approximately two decades, capital punishment remains legally possible. In fact, President Yoweri Museveni threatened to resume executions in 2018 to combat a surge in crime.
The enactment of this law three months ago sparked global condemnation and threats of sanctions. In response to the law, the World Bank suspended new public financing to Uganda, and the United States imposed visa restrictions on certain Ugandan officials. President Joe Biden has ordered a review of U.S. aid to Uganda amidst these developments.
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