MPs split over HIV clause in sexual offences bill
The Bill’s Clause 17 proposes the death penalty for offenders found guilty under these circumstances, including cases involving HIV, serial offenses, or gang rape.
Lawmakers have clashed over the inclusion of HIV-positive status as a basis for aggravated rape under the proposed Sexual Offences Bill, 2024, amid fears of stigma and legal challenges.
During a Joint Committee review of the Bill, tabled by Soroti DWR MP Anna Adeke, dissenters led by Fox Odoi (West Budama North East) opposed the provision, arguing it would fuel discrimination against people living with HIV. Odoi pointed to similar concerns raised by the Director of Public Prosecutions (DPP) against the HIV Control and Prevention Act.
“The problem is not HIV status but knowingly transmitting the virus,” he said.
Adeke had suggested that deliberate HIV transmission during sexual crimes, especially against minors, be classified as aggravated rape. The Bill’s Clause 17 proposes the death penalty for offenders found guilty under these circumstances, including cases involving HIV, serial offenses, or gang rape.
Odoi called the death penalty “disproportionate,” citing its absence in international law for even grave crimes like genocide.
Meanwhile, Jonathan Odur (Erute South) defended tougher penalties, asserting that knowingly spreading HIV through sexual violence causes irreparable harm to victims.
“This is about accountability for life-altering damage, not discrimination,” Odur argued.
The debate underscores the challenge of balancing victim justice with fair legal provisions in Uganda’s fight against sexual violence.
