A 20-year-old young man has become the first Ugandan to be charged with “aggravated homosexuality,” a crime punishable by the death penalty under the recently enacted anti-homosexuality law in the country, according to prosecutors and the defendant’s lawyer.
Defying pressure from Western governments and human rights organizations, Uganda enacted one of the world’s harshest laws against the LGBT community in May. This law stipulates life imprisonment for same-sex relations. The death penalty can be applied in “aggravated” cases, which involve repeat offenders, or in cases of homosexual activity transmitting a deadly disease or involving a minor, elderly person, or disabled person.
In pretrial detention According to an indictment seen by Reuters, the accused was charged on August 18 with aggravated homosexuality after engaging in “illegal sexual intercourse” with a 41-year-old man. The document does not specify why the act is considered aggravated.
“Since this is a crime that falls under the jurisdiction of the High Court, the charges were read and explained to the accused on August 18, who was placed in pretrial detention,” said Jacqueline Okui, spokesperson for the Office of the Director of Public Prosecutions.
Jacqueline Okui did not provide further details about the case. She added that to her knowledge, no one else had been charged with aggravated homosexuality in the country. Justine Balya, the accused’s lawyer, stated that she believed the entire law was unconstitutional.
The law has been challenged in the courts, but the judges have not yet taken up the case. According to Justine Balya, four other individuals have been charged since the law was enacted, but her client is the first to be prosecuted for aggravated homosexuality. She declined to comment on the details of the case.
