Teacher who attempted to defile student may not see jail time – Lawyers.

Today morning social media was awash by a video which showed a one John Senfuma a teacher from Hillside College Mityana, allegedly caught after attempting to defile a 15-year-old girl, a student at the same school where he teaches.

The arrest of Senfuma followed a complaint lodged by Ms. Sheilah, 26 years old, a resident of Kyebando Erisa Zone in Kawempe Division, Kampala District, who is the guardian of the 15-year-old student.

However, his arrest has brought multiple reactions on X formerly twitter, resulting into several Ugandans and legal experts giving their opinions into the incident.

Ferdinand Tumuhaise a distinguished law scholar, researcher, practitioner posted that, “I am curious to look at the charges and unless he had proceeded further on the actus Reus, the charges will be more about criminal trespass than the said act,”

According to Tumuhaise if attempted defilement suffices by mere possession of condoms and text messages, that would mean that “flirting” is an offense in Uganda.

Secondly, he explained that defilement requires age where the victim must be below 18, clearing up that “the facts aren’t clear on that: further, for attempted defilement to occur, he must have done all that is necessary and is only prevented from doing the actual act. Otherwise possession of condoms and text messages is mere preparatory. See how judges interpret attempted defilement,”

Paul Namanya another lawyer posted that unused condoms are of (no issue), along with ‘Sneaking’ into a student’s home for sex which that too doesn’t have evidential value.

“good luck trying to prove that. At most, at the time of ‘apprehension’ even if he had the intention for sex, he hadn’t acted upon it to amount to a criminal act,” Namanya wrote on his twitter.

The lawyer adds that the case may even turn in the suspect’s favor. “He will actually have a solid case of ‘Unlawful Arrest’ and ‘Malicious Prosecution if they go ahead and prosecute.”

Section 386 of the penal code Act provides for attempts to commit crimimal acts as crimes themselves. The law however does not describe in detail the ingredients of an attempted defilement.

It should also be recalled in the case of Uganda versus Ojengo Abdu, the suspected was being charged with Attempted Defilement c/s 129 (5) of the Penal Code Act.

Upon this the hon. Justice Godfrey Namundi defined attempt under Section 386 (1) of the Penal Code Act as follows:

“when a person, intending to commit an offence, begins to put his or her intention into execution by means adapted for its fulfillment, and manifests his or her intention by some overt act, but does not fulfill his or her intention to such an extent as to commit the offence, he or she is deemed to attempt to commit the offence.”

After reviewing evidence from both sides, in his judgement Justice Godfrey Namundi stated that, “I agree with them in part. The evidence available does not show that the Accused had gone to the extent of putting his intentions to defile into execution. The charges of Attempted Defilement have not been proved beyond reasonable doubt,”

In conclusion the accused (Ojengo Abdu) in this case was found not guilty of Attempted Defilement.

The evidence however revealed that the accused had undressed the victim and even he himself had undressed and was purportedly lying on top of the victim.