(Kampala) – A new Sexual Offences Bill 2024, which strengthens penalties for sharing explicit content without consent and sets tough new standards for sexual conduct, has been introduced in Uganda’s Parliament, signaling an overhaul in the country’s approach to sexual crimes.
The proposed bill, presented by Soroti District MP Anne Ebaju Adeke, includes severe penalties for distributing explicit images, videos, or recordings without the consent of the individuals depicted. Offenders could face up to five years of imprisonment for such actions, targeting both physical and electronic means of transmission.
Clause 7 of the bill makes it a crime to send, forward, or display any unsolicited material of a sexual nature without consent, including digitally manipulated images or videos created using artificial intelligence. Those found guilty could face a fine of up to UGX 10 million, imprisonment for up to five years, or both.
| Offences and Penalties | Penalty |
|---|---|
| Sharing explicit content without consent | Up to 5 years imprisonment, or UGX 10M fine |
| Non consensual recordings or photos | Up to 5 years imprisonment, or UGX 10M fine |
| Indecent exposure in public | 3 years imprisonment |
| Aggravated offences (e.g., blackmail, minors) | Up to 10 years imprisonment |
| Aggravated rape | Death penalty |
The bill also addresses aggravated offences, with harsher penalties for non consensual sharing when intended to incite harm, blackmail, or intimidation, particularly if the victim is a spouse or minor. In such cases, offenders could face up to 10 years in prison. “Material of a sexual nature” as defined by the bill includes text, conversations, images, videos, and depictions of nudity or sexual acts.
Current laws, such as the Computer Misuse Act 2011 and its amendment in 2022, already penalize cyber harassment with fines up to UGX 15 million and up to seven years of imprisonment. However, Adeke argues the current framework is fragmented and inadequate, with laws spread across various acts like the Penal Code and Prevention of Trafficking in Persons Act.
A significant element of the bill is the reintroduction of the death penalty for aggravated rape, targeting cases where the offender is a repeat offender, carries an illness like HIV, or commits the act against an elderly or disabled person. Aggravated rape also applies when the offender is a person in authority or commits the act in the presence of others.
The proposal includes the establishment of a national Sex Offenders’ Register, to be managed by the National Identification and Registration Authority. This register would track convicted offenders, limiting their access to vulnerable groups such as children.
Speaker Anita Among referred the bill to the Committee on Legal and Parliamentary Affairs and the Committee on Gender, Labour, and Social Development for further review, requesting a report within 45 days.
Attorney General Kiryowa Kiwanuka raised concerns about potential overlaps with existing laws, such as the Pornography Act and Computer Misuse Act, and the need for additional funding to enforce the new bill’s provisions. Nonetheless, Adeke maintained that consolidating various laws is vital to strengthening Uganda’s response to sexual crimes. She highlighted similar laws in countries like India and Kenya, where consolidation has enhanced the effectiveness of legal measures against sexual violence.
Human rights lawyer Peninah Kwagala expressed support for parts of the bill but advised amending the Penal Code instead of introducing entirely new legislation. She noted that the bill could raise privacy concerns and face enforcement challenges.
Kwagala emphasized that, while the bill has valuable provisions, existing laws, such as those on sexual harassment under the Employment Act, could achieve similar goals with amendments rather than new regulations.
Meanwhile, Grace Lwanga, CEO of the Chapter for Empowerment and Rights Uganda, called for careful consideration of Uganda’s social and cultural context, as any law addressing sexual violence must address both legal and societal challenges.
Additional clauses address public indecency, making it an offence to expose one’s sexual organs in public or through digital platforms. Clause 6 introduces a penalty of three years in prison for such acts, and if committed in the presence of family members, penalties could rise to five years. Exceptions apply for customary events, recreational sports, infant breastfeeding, and medical procedures.
The bill also specifies penalties for physical assault, including intentional inappropriate touching, punishable by up to three years imprisonment. Additionally, under Clause 5, engaging in a sexual act with a sex worker would be considered a crime punishable by up to two years in prison.
