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Kampala, Uganda | THE INDEPENDENT | Kumi Woman MP Monica Amoding has re-tabled before Parliament the Sexual Offences Bill nine months after a stalemate that forced the Bill to be re-written.
The Bill seeks to consolidate laws relating to sexual offences and provide procedural and evidential requirements during trial of sexual offences and proposes several measures to check among others, sexual harassment in schools by guardians or teachers.
First introduced in 2015 during the Ninth Parliament, a report by the Legal and Parliamentary Affairs Committee was presented four years later on 13 February 2019 but during the processing of the Bill, Deputy Speaker of Parliament Jacob Oulanyah, then questioned several amendments made to the original bill by the author and advised that it should be reconsidered.
“The amendments seem to be bigger than the Bill which completely changes the character of the original bill presented for consideration. It is not easy to process because it is no longer the same bill,” Oulanyah said advising MP Amoding to re-write the Bill and include the proposed amendments for ease of processing.
During Tuesday ‘s plenary session chaired by Speaker Rebecca Kadaga, Amoding re-tabled the Private Members’ Bill this time without a Certificate of Financial Implication from the Ministry of Finance as required by the Rules of Procedure.
She noted that despite a formal request from the Clerk to Parliament Jane Kibirige, Finance had failed to avail the Certificate within the set 60 days under the Public Finance Management Act and the Parliament Rules of Procedure and that it is now presumed that she acquired it and able to present her Bill.
According to a copy of the Bill seen by URN, any person who forcefully performs a sexual act on another person without consent, or with consent obtained by force or by means of false representation commits the felony termed rape and shall on conviction be liable to life imprisonment.
“Where the spouses are living together, a spouse may refuse consent to sexual act on any ground which may include- poor health or medical condition, evidence or reasonable fear that engaging in a sexual act is likely to cause injury or harm to the spouse refusing to perform a sexual act any other ground deemed to be reasonable by the court,” further provides the Bill.
The Bill proposes a term of imprisonment of not less than one year or a fine of not less than twenty-four currency points for a spouse convicted for marital sexual assault upon performing a sexual act with his or her spouse without their consent.
“A person who make unwelcome sexual advances or requests for sexual favours or engages in verbal or physical conduct of a sexual nature commits the offence of sexual harassment and is liable upon conviction to imprisonment for a term of not less than two years or a fine of forty-eight currency points. A person who performs a sexual act with a person incapable of giving consent commits an offence and is liable upon conviction to imprisonment for life” proposes the Bill.
The Bill also prohibits engagement in prostitution and the act is proposed to attract a jail term not exceeding seven years while a person who solicits sexual services from a prostitute will get a jail term not less than two years or a fine of 48 currency points.
“Any person who has carnal knowledge of any person against the order of nature, has carnal knowledge of an animal or permits a male or female person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life,” adds the Bill among other proposed sexual penalties.
Meanwhile, Kassanda County MP Patrick Nsamba demanded an explanation from the Finance Ministry why it continues to frustrate private members’ bills by not issuing them Certificates of finance Implication. State Minister for Planning, David Bahati in defence made a commitment that in future, his ministry was to endeavor to make responses in regard to financial certificates within a month.
Wilfred Niwagaba, the Shadow Attorney-General also weighed in saying that his Constitutional Amendment Bill had been denied a Certificate requesting that the Speaker allocate him space on the order paper this week to table the Bill.
Speaker Rebecca Kadaga sent the Sexual Offences Bill back to the Legal and Parliamentary Affairs Committee for consideration.
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