February 27, 2014

Life imprisonment for gay at Uganda

Life imprisonment for gay at Uganda.

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THE ANTI-HOMOSEXUALITY ACT, 2014.
ARRANGEMENT OF SECTIONS.

PART I—PRELIMINARY.
Section

1. Interpretation.

PART II—PROHIBITION OF HOMOSEXUALITY.

2. The offence of homosexuality.
3. Aggravated homosexuality.
4. Attempt to commit homosexuality.
5. Protection, assistance and payment of compensation to
victims of homosexuality.
6. Confidentiality.

PART III—RELATED OFFENCES AND PENALTIES.

7. Aiding and abetting homosexuality.
8. Conspiracy to engage in homosexuality.
9. Procuring homosexuality by threats, etc.
10. Detention with intent to commit homosexuality.
11. Brothels.
12. Same sex marriage.
13. Promotion of homosexuality.

PART IV—MISCELLANEOUS PROVISIONS.

14. Extradition.
15. Regulations.
Schedule
Currency point.
1
Act Anti-Homosexuality Act 2014
2
Act Anti-Homosexuality Act 2014
THE ANTI-HOMOSEXUALITY ACT, 2014.

An Act to prohibit any form of sexual relations between persons
of the same sex; prohibit the promotion or recognition of such
relations and to provide for other related matters.

PART I—PRELIMINARY.
1. Interpretation.
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;

Act Anti-Homosexuality Act 2014
“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. The offence of homosexuality.
(1) A person commits the offence of homosexuality if—
(a) he penetrates the anus or mouth of another person of the
same sex with his penis or any other sexual contraption;
(b) he or she uses any object or sexual contraption to penetrate
or stimulate sexual organ of a person of the same sex;
(c) he or she touches another person with the intention of
committing the act of homosexuality.
(2) A person who commits an offence under this section shall be
liable, on conviction, to imprisonment for life.

3. Aggravated homosexuality.
(1) A person commits the offence of aggravated homosexuality
where the—
(a) person against whom the offence is committed is below the
age of eighteen years;
(b) offender is a person living with HIV;
(c) offender is a parent or guardian of the person against whom
the offence is committed;
(d) offender is a person in authority over the person against
whom the offence is committed;
(e) victim of the offence is a person with disability;
(f) offender is a serial offender; or
(g) 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.

(2) A person who commits the offence of aggravated
homosexuality shall be liable, on conviction, to imprisonment for life.
(3) 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. Attempt to commit homosexuality.
(1) A person who attempts to commit the offence of
homosexuality commits a felony and is liable, on conviction, to
imprisonment for seven years.
(2) A person who attempts to commit the offence of aggravated
homosexuality commits an offense and is liable, on conviction, to
imprisonment for life.

5. Protection, assistance and payment of compensation to
victims of homosexuality.
(1) A victim of homosexuality shall not be penalized for any
crime committed as a direct result of his or her involvement in
homosexuality.
(2) 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.
(3) 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.
(4) 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. Confidentiality.
(1) 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.
(2) 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.
(3) 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.
7. Aiding and abetting homosexuality.
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. Conspiracy to engage in homosexuality.
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. Procuring homosexuality by threats.
(1) A person who—
(a) 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
(b) by false pretences or false representations procures any
woman or man to have any unlawful carnal connection with
any person of the same sex;
commits an offence and is liable on conviction to imprisonment for
seven years
(2) 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.

10. Detention with intent to commit homosexuality.
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. Brothels.
(1) 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.
(2) 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. Same sex marriage.
(1) 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.
(2) 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. Promotion of homosexuality.
(1) A person who—
(a) participates in production, procuring, marketing,
broadcasting, disseminating, publishing of pornographic
materials for purposes of promoting homosexuality;
(b) funds or sponsors homosexuality or other related activities;
(c) offers premises and other related fixed or movable assets for
purposes of homosexuality or promoting homosexuality;
(d) uses electronic devices which include internet, films,
mobile phones for purposes of homosexuality or promoting
homosexuality; or
(e) who acts as an accomplice or attempts to promote or in any
way abets homosexuality and related practices;
commits an offence and is liable, on conviction, to a fine of five
thousand currency points or imprisonment of a minimum of five
years and a maximum of seven years or both fine and imprisonment.
(2) 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.

PART IV—MISCELLANEOUS.
14. Extradition.
A person charged with an offence under this Act shall be liable to
extradition under the existing extradition laws.

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

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