GLOSSARY OF TERMS

ASSAILANT

This term has been used to refer to the person who inflicts or causes harm to another.

SURVIVORS OF DOMESTIC VIOLENCE (DV)

This word has been used to refer to anyone who has suffered abuse. Within the home. The survivor can be a woman, girl, boy or a man.

QUESTIONS AND ANSWERS

SECTION ONE

RAPE

Q.1 (i) What is rape?

ANSWER
This refers to when a man forces a woman into the act of sex. Rape involves forceful penetration of a woman's vagina by the man's penis and it only affects women above 18 years of age. Rape can be carried out forcefully or by tricking or threatening the survivor.

(ii) What is the punishment for rape?

ANSWER
The maximum sentence for rape is death when convicted in the courts of law.

(iii) What is attempted rape?

ANSWER
This is the act of trying to force a woman into the act of sex against her will.

(iv) What is the punishment for attempted rape?

ANSWER
When convicted in the courts of law, the maximum sentence for attempted rape is life imprisonment with or without corporal punishment.

(v) If a man enters a woman's anus forcefully, is it rape?

ANSWER
YES this is termed as anal rape. In the up coming Sexual Offences Bill, the term "sexual act" is defined to mean and include penetration of the vagina, mouth or anus.

(vi) Can a man rape his wife?

ANSWER
YES; But this is termed as marital rape. In the up-coming Sexual Offences Bill, it is referred to as marital sexual assault. It refers to force sexual intercourse between spouses. Culturally, it is thought that a man has total rights over a woman's sexuality but this is not true because both parties are supposed to consent mutually.

DEFILEMENT

Q.2 (i) What is defilement?

ANSWER
This refers to having sex with a girl of 18 years and below with or without her consent.
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(ii) What is the punishment for defilement?

ANSWER
When convicted in the courts of law, the maximum sentence for defilement is death.

(iii) What is attempted defilement?

ANSWER
This is the act of a man trying to force, persuade or trick a girl into having sex with him.

(iv) What if a boy and a girl engage in sexual intercourse?

ANSWER
This is regarded as defilement and is punishable as indicated in answer number 2 (ii).

(v) Can a woman defile a boy?

ANSWER
NO: This is termed as Indecent Assault. There is no provision for male defilement under the Ugandan Law. The up-coming Sexual Offences Bill provides for "Any person who engages in sex with a minor" as being defilement. This therefore means that any male or female engaging in sexual intercourse with a girl or a boy below 18 years of age will be charged with defilement.

(vi) What if a boy below the age of 18 years engages in the act of forceful sex with a girl above 18 years?

ANSWER
This is rape because it involves penetration and forceful sex.

(vii) What is the punishment for attempted defilement?

ANSWER
When convicted, the maximum sentence for attempted defilement is 18 years imprisonment.

(viii) Why do we have the defilement law?

ANSWER

(i) To defend the girl child against sexual abuse
(ii) To discourage potential offenders from committing the offence
(iii) To have law and order in society
(iv) To give chance to women/girls to finish their education
(v) To have good citizens for the future generation
(vi) Women are the backbone of society, when you destroy a woman, you destroy a nation
(vii) To avoid the problem of young and unready mothers
(viii) To protect the girl childs rights

Q.3 What is the difference between sexual abuse and sexual denial?

ANSWER
Sexual abuse is the violation of one's rights to sexuality (this may either be rape, defilement or indecent assault) and sexual denial is the act of deliberately refusing with or without sound reasons to have sex in a marriage (denial of conjugal rights)

DOMESTIC VIOLENCE

Q.4 What is domestic violence?

ANSWER
There is no single definition of domestic violence. It is said to occur when one party in the home intentionally causes or inflicts harm on the other. The harm can be physical, sexual or emotional/psychological. Parties involved may be the wife, husband, children or dependants. The term domestic violence is so wide that it involves child abuse/neglect and all forms of cruelty that may be inflicted on any member of the family.

Q.5 (i) What is indecent assault?

ANSWER
It involves touching one's private parts, breasts, and buttocks, making suggestive sexual advances, abusive comments, beating and pinching.

(ii) What is the punishment for indecent assault?

ANSWER
The maximum sentence for indecent assault on being convicted in the courts of law is 14 years imprisonment.

Q.6 (i) What is incest?

ANSWER
This refers to having sex with a relative e.g. a father, mother, daughter, son or any other person with a blood relationship.

(ii) What is the punishment for incest?

ANSWER
When convicted in the courts of law, the maximum sentence for incest is seven years imprisonment. Where the survivor is below the age of eighteen, the punishment is life imprisonment.

CAUSES OF RAPE, DEFILEMENT AND DOMESTIC VIOLENCE

Q.7 What are the causes of rape, defilement and domestic violence?

ANSWER:

• Parental negligence
• Poverty
• Alcoholism
• Drug abuse
• Extra marital affairs e.g. committing adultery
• Frustration
• Promiscuity
• Sexual dissatisfaction
• Peer influence/ bad company
• Natural overwhelming sexual libido
• Family misunderstandings
• Nagging or constant quarrels in a home
• Lack of respect to either parents or spouses
• Pornographic materials e.g. novels, movies, magazines etc which tend to entice children to put in practice what they read or see
• Couples sharing the same bedroom with children which gives them early exposure to sex
• Belief by some men that girls are free from HIV/ AIDS.
• Extended families (they put pressure on the limited family resources).
• Culture/ tradition e.g. belief that wife beating is a sign of love.
• Not allowing women to be involved in decision making issues concerning their lives, homes and communities
• Marrying more than one wife which may cause conflicts between family members
• Mistrust between couples
• Irresponsibility on the side of parents e.g. not dressing their girl children, bathing them from outside the house and giving them the liberty to join bad company
• Early marriages
• Nature of the individual (hot tempered)
• Infertility, which is culturally always attributed to women, which may not be the case.
• Young girls are vulnerable (too weak and innocent to fight back)
• According to prisoners convicted of rape, defilement domestic violence and other sexual related offences, "revenge" on the victims parents.
• Superstitions/ witchcraft; prescriptions by some witch doctors in order to acquire wealth. Some of their clients are told to defile or murder children.

ANSWER These can be in different forms

a) Physical Abuse

• Marital rape, i.e., forceful sex between spouses.
• Battery
• Burning or any act that causes physical injury
• Fighting
• Illegal confinement in case of children who may be punished by parents/ guardians who lock them up in a room with no food for long hours
• Deprivation of shelter e.g. locking women outside the house at night
• Overworking a wife or children
• Excessive punishment of women by their spouses
• Women fighting with their co- wives
• Women being beaten by their in- laws
• Kidnap or abduction of women and children by men and witch doctors
• Starvation of children
• Excessive punishment of children e.g. burning
• Expelling children from the home
• Child labour e.g. sending children to hawk edibles, expired news papers or places where alcohol is sold yet they are not paid anything
• Exposing children to pornographic materials which arouse their feeling towards sex
• Disowning children by their parents
• Mutilation of private parts. b) Psychological Abuse
• Living under constant fear of violence from assailants
• Denial of access to one's children
• Neglect of the home by the breadwinner who could be the father, mother or guardian.
• Constant quarrels and nagging
• Late home coming by a spouse especially the husband
• Verbal or written threats
• Depriving one of the right to access property in a home
• Extra marital relationships which result in an unsatisfactory sex life
• Sexual harassment
• Denying women the opportunity of being employed in order to earn an income
• Denial of women to participate in decision making concerning their lives or community development
• Relatives interfering in the running of a home
• Husbands refusing to eat food in their homes
• Denial of parental love to children
• Children lacking parental guidance
• Men refusing women to decide on issues regarding reproductive health.

c) Sexual Abuse This can take the form of,

• Rape in marriage which is termed as marital rape
• Incest
• Denial of sex by a spouse
• Defilement
• Child prostitution
• Adultery
• Indecent assault i.e. having sex with a boy who is under 18 years of age

ANSWER

i. Unwanted pregnancies
ii. Infection of HIV/AIDS/STIs
iii. Forced marriage
iv. Divorce/separation
v. Imprisonment
vi. Death
vii. Bodily harm
viii. Loss of virginity
ix. Negative attitude towards sex
x. Engagement in early sexual activities
xi. Feeling of insecurity in a home
xii. Self-hatred/low self esteem
xiii. Infertility
xiv. Social rejection
xv. Low education level (drop-out)
xvi. Complications during delivery
xvii. Unsafe abortions
xviii. Injury in the genital urinary system
xix. Psychological complication: Victims suffer from depression as result of shame, hopelessness and lowered self-esteem (the rape trauma syndrome)
xx. Permanent disabilities e.g. maiming of body
xxi. Loss of employment
xxii. Developing enemity with whoever is thought of as being party to causing violence
xxiii. Developing fear for the husband or parents.
xxiv. Children may imitate their parents' behaviour of violence
xxv. Loss of respect for parents
xxvi. Abandonment of homes for alternative places like the street
xxvii. Children may be exposed to drinking places and taking drugs at an early stage.
xxviii. Creates tension between the husband and wife's families
xxix. Marital violence interferes with the communities' development projects.

NB: Some survivors might suffer a combination of some of these effects

SECTION TWO

ACTION AGAINST SEXUAL ABUSE AND DOMESTIC VIOLENCE

Q.10 What immediate action is a woman supposed to take when raped?

ANSWER:

(i) One should shout and scream to attract attention
(ii) One should not bathe or wash her clothes in order to retain evidence
(iii) Report to police immediately who will direct the victim to a police surgeon for medical examination
(iv) The suvivors should give evidence boldly
(v) All exhibits should be given to the police to justify that the crime took place e.g. torn clothes, objects used if any, soiled, bed sheets etc.

Q.11 How does one help survivors of rape, defilement and domesticviolence?

ANSWER:

(i) Assist her to keep or preserve evidence as mentioned in (10) above
(ii) Rush to the nearest police station to report the case
(iii) Assist the victim to go for medical examination
(iv) Assist the victim to go for treatment
(v) Refer the survivors to places of legal aid as contained on section three of this booklet

Q.12 What are the possible solutions to rape, defilement and domestic violence?

ANSWER:
a) Action that can be taken by community leaders e.g. LCs

i) They should limit the time of operation of drinking places like bars and restaurants.
ii) Sensitize the public about the dangers of rape, defilement and domestic violence
iii) Counseling of survivors as a way of rehabilitating them
iv) Publicize cases of violence to discourage potential offenders e.g posters on rape, defilement and domestic violence which are aimed at raising awareness should be put up on trees, public walls and in community offices for people to be continuously reminded that they are human rights abuses.
v) Ensure that the offenders provide basic necessities to their families. In case of DV.
vi) Counsel couples and encourage reconciliation
vii) Refer the cases of criminal nature e.g. rape, defilement and murder to the police
viii) Sensitize the community about the need to protect children at all times against abuse and neglect
ix) Assist the police in investigations
x) Sensitise parents about the need to preserve evidence in case of sexual abuse

b) Action that can be taken by parents and elders

ANSWER

i. Partners should be faithful to each other in marriage
ii Parents should not send young children on errands alone especially at night to e.g. the well, shops or to neighbor's houses.
iii Parents should be suspicious of people who are too friendly to their children even within the home.
iv Boys and girls should bathe separately
v Boys and girls should not sleep in the same beds and if possible in the same bedroom
Vi Parents should not play sex when their children are listen ing or watching
Vii Parents should not be naked before their children
Viii Parents should encourage their children to go for educative seminars in case of any that have been organized in their communities.

c) Action that can be taken by an individual

ANSWER

i. Women and children should avoid being alone in isolated and dark places.
ii. Counseling. This helps to restore hope in the victim.
iii. Children and women should not accept lifts from strangers.
iv. School children should not go to teachers' houses alone.
v. Parents should try and control their temper to avoid over reacting to their children.

Q.13 Why does the law punish only boys/men in case of defilement and rape and not girls/women?

ANSWER
i. It is because of such weaknesses in the current laws that the Sexual Offences Bill is coming up to address such inequalities. This caters for all boys and girls, men and women as potential offenders.

Q 14 Why don't LCs and parents of the victim sit together and settle the cases of rape and defilement out of court?

ANSWER
These are capital offences that are beyond LC powers. They are only triable by High Court.

Q.15 Has the legal system taken any step to help the boy child in case of sexual Abuse?

ANSWER
The Ugandan Law Reform Commission recommended that in the upcoming Sexual Offences Bill, the offence of Indecent Assault should be revised to cater for the boy child too. It was suggested that any person who performs a sexual act with a boy below 18 years of age commits the offence of defilement.

Q.16 What are the challenges faced when dealing with the crime of rape?

ANSWER

a) Negative cultural influence where rape is regarded as 'normal'.
b) A woman 's NO is sometimes misunderstood for YES.
c) Sensitive evidence, which the victims fear to give while in court.
d) Lack of funds for the victim to have medical examination, transport or pay legal fees to hire a lawyer.

SECTION THREE

THE LAW RELATING TO DOMESTIC VIOLENCE, RAPE AND DEFILEMENT

(i) RAPE

The offence of rape is defined in Section 117 of the Penal Code Act (Cap.106 of the Laws of Uganda). "Any person who has unlawful carnal knowledge of a woman without her consent, or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of bodily harm, or means of false representation as to the nature of the act, or in the case of married women, by personating her husband, is guilty of the felony termed rape". Section 118 of the Penal Code act prescribes the punishment of rape and it provides thus: - " Any person convicted of rape shall be liable to suffer death

The Penal Code act also provides for attempted rape. Under section 119, it is provided that: - " Any person who attempts to commit rape is guilty of a felony and is liable to imprisonment for life, with or without corporal punishment.

(ii) DEFILEMENT

Section 123 of the Penal Code provides for defilement of girls under 18 years of age. Section 123(1) states that: - " Any person who unlawfully has sexual intercourse with a girl under the age of eighteen years is guilty of an offence and is liable to suffer death."
Sub-section 2 of Section 123 of the Penal Code provides for attempts to defile a girl under the age of eighteen years. It states that: "Any person who attempts to have unlawful sexual intercourse with a girl under the age of eighteen years is guilty of an offence and is liable to imprisonment for eighteen years with or without corporal punishment".

(iii) INDECENT ASSAULT

This is "touching or embracing parts on the body of someone without his or her consent, e.g., kissing a woman against her will, touching her buttocks, breasts, private parts like the vagina, thighs and waist". Indecent assault carries with it a maximum sentence of fourteen years imprisonment with or without corporal punishment.

(iv) INCEST

Sub section (1) of Section 144 of the penal code states that; "Any person who has sexual intercourse with another person with whom, to his knowledge there exists a blood relationship is guilty of an offence and is liable to imprisonment for seven years or if that person is under the age of eighteen years to imprisonment for life."

Sub section (3) states that; "Where a person is convicted of an offence under this section in relation to a person under the age of 21 years, the court may divest the offender of all authority over that person and if the offender is the guardian of such a person, the court may order the termination of such guardianship and appoint another person as guardian".

SECTION FOUR

PLACES WHERE ONE CAN SEEK LEGAL REDDRESS

1. FIDA (U): Federation of Uganda Women Lawyers
Plot 54 Bukoto Street
Tel: 530848

2. Child and Family Protection Unit (CFPU)
This is found at all police stations

3. Foundation for Human Rights Initiative (FHRI)
Kampala Uganda

4. Legal Aid Clinic (LAC)
Law Development Center
Tel: 540128

5. Legal Resource Network (LRN)
Plot 1, Municipal Council Building,
Entebbe
Tel: 321841

6. Slum Aid Project
Muteesa 1 Road near police post
P.O.Box 10388, Kampala
Tel: 270537

7. Legal Aid Project
Acacia Avenue
Kololo

ACRONYMS

AIDS - Acquired Immune Deficiency Syndrome

DV - Domestic Violence
HIV - Human Immune Virus
HRAs - Human Rights Advocates
LC - Local Council
STIs - Sexually Transmitted Infections
SAP - Slum Aid Project