Anti-Homosexuality Act, 2014

This section provides definitions for terms used in the Act (for example: "authority", "child", "court", "disability", "felony", "homosexual", "sexual act", "touching", and others).

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Act 4 of 2014
Version: 10 Mar 2014
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

This section provides definitions for terms used in the Act (for example: "authority", "child", "court", "disability", "felony", "homosexual", "sexual act", "touching", and others). Defines the offence of homosexuality by listing acts (penetration with penis or objects, and touching with intent) and prescribes life imprisonment on conviction. Defines aggravated homosexuality—listing seven factual circumstances—and prescribes life imprisonment on conviction; a person charged must undergo a medical examination to ascertain HIV status. Attempting to commit the offence of homosexuality or aggravated homosexuality is an offence punishable by imprisonment (seven years for homosexuality; life for aggravated homosexuality). The court may order offenders to pay compensation to victims when convicted for homosexuality; the court must determine the amount and take into account harm, force used and expenses.

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Provisions of Anti-Homosexuality Act, 2014

Showing 15 of 15

Part I

Preliminary

1
Preliminary - Interpretation
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This section provides definitions for terms used in the Act (for example: "authority", "child", "court", "disability", "felony", "homosexual", "sexual act", "touching", and others).

Section Interpretation Section In this Act, unless the context otherwise requires— " authority " means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious, political, economic or social authority; " child " means a person below the age of eighteen years; " court " means a chief magistrates court; " currency point " has the value assigned to it in the Schedule to this Act; " disability " means a substantial limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation; " felony " means an offence which is declared by law to be a felony or if not declared to be a misdemeanor is punishable without proof of previous conviction, with death or with imprisonment for three years or more; " HIV " means the Human Immunodeficiency Virus; " homosexual " means a person who engages or attempts to engage in same gender sexual activity; " homosexuality " means same gender or same sex sexual acts; " Minister " means the Minister responsible for ethics and integrity; " misdemeanor " means any offence which is not a felony ; " serial offender " means a person who has previous convictions of the offence of homosexuality or related offences; " sexual act " includes— (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; " sexual organ " means a vagina, penis or any artificial sexual contraption; " touching " includes touching— (a) with any part of the body; (b) with anything else; (c) through anything; and in particular includes touching amounting to penetration of any sexual organ , anus or mouth. " victim " includes a person who is involved in homosexual activities against his or her will.

Part II

Homosexuality and related practices

2
Homosexuality and related practices - The offence of homosexuality
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Defines the offence of homosexuality by listing acts (penetration with penis or objects, and touching with intent) and prescribes life imprisonment on conviction.

Section The offence of homosexuality Section A person commits the offence of homosexuality if— he penetrates the anus or mouth of another person of the same sex with his penis or any other sexual contraption; he or she uses any object or sexual contraption to penetrate or stimulate sexual organ of a person of the same sex; he or she touches another person with the intention of committing the act of homosexuality . A person who commits an offence under this section shall be liable, on conviction, to imprisonment for life.
3
Homosexuality and related practices - Aggravated homosexuality
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Defines aggravated homosexuality—listing seven factual circumstances—and prescribes life imprisonment on conviction; a person charged must undergo a medical examination to ascertain HIV status.

Section Aggravated homosexuality Section A person commits the offence of aggravated homosexuality where the— person against whom the offence is committed is below the age of eighteen years; offender is a person living with HIV ; offender is a parent or guardian of the person against whom the offence is committed; offender is a person in authority over the person against whom the offence is committed; victim of the offence is a person with disability ; offender is a serial offender ; or offender applies, administers or causes to be used by any man or woman any drug, matter or thing with intent to stupefy or overpower him or her so as to enable any person to have unlawful carnal connection with any person of the same sex. A person who commits the offence of aggravated homosexuality shall be liable, on conviction, to imprisonment for life. Where a person is charged with the offence under this section, that person shall undergo a medical examination to ascertain his or her HIV status.
4
Homosexuality and related practices - Attempt to commit homosexuality
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Attempting to commit the offence of homosexuality or aggravated homosexuality is an offence punishable by imprisonment (seven years for homosexuality; life for aggravated homosexuality).

Section Attempt to commit homosexuality Section A person who attempts to commit the offence of homosexuality commits a felony and is liable, on conviction, to imprisonment for seven years. A person who attempts to commit the offence of aggravated homosexuality commits an offense and is liable, on conviction, to imprisonment for life.
5
Homosexuality and related practices - Protection, assistance and payment of compensation to victims of homosexuality
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The court may order offenders to pay compensation to victims when convicted for homosexuality; the court must determine the amount and take into account harm, force used and expenses.

Section Protection, assistance and payment of compensation to victims of homosexuality Section A victim of homosexuality shall not be penalized for any crime committed as a direct result of his or her involvement in homosexuality . A victim of homosexuality shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the criminal proceedings. Where a person is convicted of homosexuality or aggravated homosexuality under sections 2 and 3 of this Act, the court may, in addition to any sentence imposed on the offender, order that the victim of the offence be paid compensation by the offender for any physical, sexual or psychological harm caused to the victim by the offence. The amount of compensation shall be determined by the court and the court shall take into account the extent of harm suffered by the victim of the offence, the degree of force used by the offender and medical and other expenses incurred by the victim as a result of the offence.
6
Homosexuality and related practices - Confidentiality
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During investigation or trial of an offence, specified officials and parties must recognize the victim’s right to privacy; courts may hear proceedings in camera for children or where appropriate; media or others who publish information identifying the victim without authority commit an offence punishable by a fine not exceeding two hundred and fifty currency points.

Section Confidentiality Section At any stage of the investigation or trial of an offence under this Act, law enforcement officer, prosecutor, judicial officer and medical practitioner, and any party to the case, shall recognize the right to privacy of the victim . For the purpose of subsection (1), in cases involving children and other cases where the court considers it appropriate, proceedings of the court shall be conducted in camera . Any editor, publisher, reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of the movie industry, or any person utilizing trimedia facilities or information technology who publishes or causes the publicity of the names and personal circumstances or any other information tending to establish the victim ’s identity without authority of the victim or court , commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points.

Part III

Related offences and penalties

10
Related offences and penalties - Detention with intent to commit homosexuality
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Detaining another person with the intention to commit acts of homosexuality is an offence punishable on conviction by imprisonment for seven years.

Section Detention with intent to commit homosexuality Section A person who detains another person with the intention to commit acts of homosexuality with him or her or with any other person commits an offence and is liable, on conviction, to imprisonment for seven years.
11
Related offences and penalties - Brothels
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It is an offence to keep premises for purposes of homosexuality (punishable by up to seven years' imprisonment), and owners or occupiers who induce or knowingly allow same‑sex carnal knowledge on their premises commit a felony (punishable by up to five years' imprisonment).

Section Brothels Section A person who keeps a house, room, set of rooms or place of any kind for purposes of homosexuality commits an offence and is liable, on conviction, to imprisonment for seven years. A person being the owner or occupier of premises or having or acting or assisting in the management or control of the premises, induces or knowingly suffers any man or woman to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any man or woman of the same sex whether such carnal knowledge is intended to be with any particular man or woman generally, commits a felony and is liable, on conviction, to imprisonment for five years.
12
Related offences and penalties - Same sex marriage
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Criminalises persons contracting same-sex marriages and institutions or persons conducting same-sex marriage ceremonies; prescribes life imprisonment for persons contracting such a marriage and up to seven years' imprisonment for individuals conducting ceremonies, or cancellation of licence for institutions.

Section Same sex marriage Section A person who purports to contract a marriage with another person of the same sex commits the offence of homosexuality and shall be liable, on conviction, to imprisonment for life. A person or institution commits an offence if that person or institution conducts a marriage ceremony between persons of the same sex and shall, on conviction, be liable to imprisonment for a maximum of seven years for individuals or cancellation of licence for an institution.
13
Related offences and penalties - Promotion of homosexuality
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Prohibits a person from producing, procuring, marketing, broadcasting, disseminating or publishing pornographic materials to promote homosexuality; funding, sponsoring, offering premises, or using electronic devices to promote homosexuality; and makes accomplices or abetters liable. For corporate bodies, conviction leads to cancellation of certificate of registration and the director/proprietor/promoter is liable to seven years’ imprisonment.

Section Promotion of homosexuality Section A person who— participates in production, procuring, marketing, broadcasting, disseminating, publishing of pornographic materials for purposes of promoting homosexuality ; funds or sponsors homosexuality or other related activities; offers premises and other related fixed or movable assets for purposes of homosexuality or promoting homosexuality ; uses electronic devices which include internet, films, mobile phones for purposes of homosexuality or promoting homosexuality ; or who acts as an accomplice or attempts to promote or in any way abets homosexuality and related practices; Where the offender is a corporate body or a business or an association or a non-governmental organization, on conviction its certificate of registration shall be cancelled and the director, proprietor or promoter shall be liable, on conviction, to imprisonment for seven years.
7
Related offences and penalties - Aiding and abetting homosexuality
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It is a criminal offence for a person to aid, abet, counsel or procure another to engage in acts of homosexuality; on conviction the offender is liable to imprisonment for seven years.

Section Aiding and abetting homosexuality Section A person who aids, abets, counsels or procures another to engage in acts of homosexuality commits an offence and is liable, on conviction, to imprisonment for seven years.
8
Related offences and penalties - Conspiracy to engage in homosexuality
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Making a conspiracy (to induce same-sex carnal knowledge by false pretence or fraudulent means) is an offence punishable by up to seven years' imprisonment.

Section Conspiracy to engage in homosexuality Section A person who conspires with another to induce another person of the same sex by any means of false pretence or other fraudulent means to permit any person of the same sex to have unlawful carnal knowledge of him or her commits an offence and is liable, on conviction, to imprisonment for seven years.
9
Related offences and penalties - Procuring homosexuality by threats
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It criminalises procuring a person of the same sex for unlawful carnal knowledge or connection by threats, intimidation, false pretences or false representations, and restricts conviction on uncorroborated single-witness evidence.

Section Procuring homosexuality by threats Section A person who— by threats or intimidation procures or attempts to procure any woman or man to have any unlawful carnal knowledge with any person of the same sex; or by false pretences or false representations procures any woman or man to have any unlawful carnal connection with any person of the same sex; A person shall not be convicted of an offence under this section upon the evidence of one witness only, unless that witness is corroborated in some material particular by evidence implicating the accused.

Part IV

Miscellaneous

14
Miscellaneous - Extradition
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A person charged with an offence under this Act is liable to extradition under the existing extradition laws.

Section Extradition Section A person charged with an offence under this Act shall be liable to extradition under the existing extradition laws.
15
Miscellaneous - Regulations
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The Minister may make regulations by statutory instrument to better carry out this Act.

Section Regulations Section The Minister may, by statutory instrument, make regulations generally for better carrying out the provisions of this Act.

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