Uganda's Constitutional Court Expands Indecent Assault Protection to Men

In a historic ruling, the Constitutional Court of Uganda has expanded legal safeguards against indecent assault, ensuring that male victims are formally protected under the law. Previously, relevant legal provisions exclusively guarded women and girls.

A five-member judicial panel, headed by Justice Cheborion Barishaki, determined that Sections 115(1) and 115(3) of the Penal Code Act were unconstitutional. The judges found that criminalizing indecent assault and the insult of modesty strictly for females was discriminatory because it completely excluded males who might suffer identical violations.

Invoking Article 274 of the Constitution to provide interim modifications, the court directed the Attorney General to introduce an amendment Bill in Parliament within the next 12 months. This upcoming legislation must explicitly broaden the scope of protection to include all persons and provide a clear legal definition of the prohibited conduct.

During the court proceedings, the State Attorney acknowledged the constitutional discrepancy. State Attorney Johnson Natuhwera conceded that pre-1995 legal frameworks required updating to align with the current constitutional standards and the doctrine of separation of powers.

Legal experts and human rights advocates have welcomed the judgment as a crucial step toward ensuring equal justice and comprehensive legal redress for all victims of assault in Uganda, regardless of gender.

Read more details in the Daily Monitor report.