By Stephen Enatu
Soroti: A 20-year old man has been charged with aggravated homosexuality and remanded to Soroti Prison until 3rd October,2023 when he will again appear in Court for mention of case.
Michael Opolot has become the first Ugandan to be charged with “aggravated homosexuality” following the passing of the Anti-Homosexuality law.
The Anti-Homosexuality bill, signed into law in May 2023, introduced “aggravated homosexuality”, which it defines as sexual intercourse with a person older than 75 or younger than 18, who either does not give consent, is unable to give consent, or is a person living with a disability or mentally illness. The maximum penalty for “aggravated homosexuality” is the death penalty.
He is charged with aggravated Homosexuality under Section 3 of the Anti-Homosexuality Act subsection 2 f and g. This states that a person, who commits the offence of homosexuality in any of the circumstances specified in subsection (2), commits the offence of aggravated homosexuality and is liable, on conviction, to suffer death.
The Soroti Grade One Magistrate, Kibirige Kasuja further remanded the suspect after the State Attorney Daniel Kiduma Wambuzi told court that the accused’s file has been taken to Kampala at the head office of the Directorate of Public Prosecution.
The accused had two counsels in court:-Counsel Juliet Kanyege and Counsel George Engwau.
Engwau said,“we appeared in court and the state did not have the police file on allegations that it had been taken to Kampala at the head office of Directorate of Public Prosecution and we were constrained to get an adjournment. The matter was given a mentioned date of 3rd of October when we will get to know what the head office of DPP has resolved regarding investigation and trial of this case.”
The accused was first charged on August 18 with aggravated homosexuality Section 3 of the Anti-Homosexuality Act and was remanded to Soroti Main Prison.
The Anti-Homosexuality Act is widely condemned by the international community and a group of 11 activists has petitioned the Constitutional court challenging the law.
Background of the incident
The incident allegedly happened on 16th August,2023 in the wee hours when the disabled man was called by the suspect. It’s reported that a police officer found the accused having carnal knowledge with a 41 year old male adult with physical informatics and of unsound mind at Soroti City sports grounds.
The two were promptly arrested and taken to Soroti Central Police Station where a case of unnatural offence vide CRB 187/2023 of Soroti CPS was opened.
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