Ugandan lawmakers on Monday debated the Sexual Offences Bill 2019, with Kumi District MP Monicah Amonding moving the motion.
The bill seeks to enact a specific law on sexual offences for the effective prevention of sexual violence, to enhance punishment of sexual offenders and to provide for the protection of victims during sexual offences trials among others.
There was heated debate as MPs argued in the clause on withdrawal of consent during sex.
Hon. Aogon Silas raised concern over the clause on, withdrawal of consent during sexual act. He says that this clause can be abused politically, for defamation purposes and for monetary gain. He called for the deletion of the said clause.
“On the issue of concent. Consent is given at the stage of takeoff, all of us fly. We are on a plane and we have taken off at a cruise speed, and you say stop! Stop! What do you want the Pilot to do ? To crush the plane? Aren’t you causing trouble ?” Hon. Tayebwa wondered.
David Bahati weighed in on the debate and said the concept is foreign.
“In the context of African Marriage, this concept of consent, can be foreign to us. And therefore, it needs to be studied, educate people so that they understand it properly. So that the Sexual Offences (Amend’t) Bill is not seen to bring conflict but rather brings harmony,” Bahati said.
However, the Legal and Parliamentary Affairs Committee recommended that the clause be deleted.
Clause 6 of the bill states that person who by whatever means transmits, transfers, sends, forwards, directs material of a sexual nature to another person without the consent of that other person commits an offence and is liable on conviction.
According to the bill, material of sexual nature includes sexually suggestive conversations, texts, pictures, videos, objects or written materials.
The committee further recommends that the definition of sexual act, should only be limited to sexual organs since the rest of the provision deal with acts that would constitute unnatural offences.
Regarding the use of the word “Sexual Act”, the committee recommends that the word Sexual Act, to be used instead of carnal knowledge, and added that the definition of sexual act, should only be limited to sexual organs since the rest of the provision deal with acts that would constitute unnatural offences.