Uganda charges man with ‘aggravated homosexuality’ punishable by death in first-known case

Suspect charged for ‘performing unlawful sexual intercourse’ with 41-year-old man

Protesters against Uganda’s anti-gay laws during the Christopher Street Day Pride march in Munich, 24 June 2023 (REUTERS)

A 20-year old in Uganda has become the first person in the country to be prosecuted for “aggravated homosexuality”, an offence punishable by death under the country’s draconian new anti-gay legislation, the man’s lawyer has said.

Passed in May this year, the law introduces the death penalty in cases of so-called “aggravated homosexuality”, a term the government uses to describe actions including having gay sex when HIV-positive or having intercourse with a minor or an elderly person, or a person with a disability.

It also prescribes life in prison for same-sex intercourse.

The suspect was charged on 18 August, with the charges saying he “performed unlawful sexual intercourse” with a 41-year-old man. It was not specified why the act was considered “aggravated”.

“Since it is a capital offence triable by the High Court, the charge was read out and explained to him in the Magistrate’s Court on [the] 18th and he was remanded,” Jacquelyn Okui, spokesperson for the office of the director of public prosecutions, told Reuters.

Ms Okui said she was not aware of any other people being charged with “aggravated homosexuality”.

Justine Balya, an attorney for the defendant, said four other people have been charged under the law since its enactment and that her client was the first to be prosecuted for aggravated homosexuality. She declined to comment on the specifics of his case.

Ms Balya said she believed the entire law was unconstitutional. The law has been challenged in court, but the judges have not yet taken up the case.

Earlier last week, Ugandan police arrested four people for allegedly engaging in same-sex activity, reported news agency AFP. They were held after the police received a tip-off from a female informant in the local area.

The legislation, introduced three months ago, has been widely condemned by the UN, foreign governments including that of the US, and global rights groups such as Amnesty International.

Earlier this month, the World Bank announced it was suspending new loans for the country after concluding that the anti-LGBT+ law contradicts its values.

“No new public financing to Uganda will be presented to our board of executive directors until the efficacy of the additional measures has been tested,” it said in a statement, adding that such measures were now under discussion with Ugandan authorities.

“Uganda’s Anti-Homosexuality Act fundamentally contradicts the World Bank Group’s values. We believe our vision to eradicate poverty on a liveable planet can only succeed if it includes everyone irrespective of race, gender, or sexuality,” it said.

Additional reporting by agencies