Uganda charges 2 men with 'aggravated homosexuality' after alleged rape of child, disabled man

The new laws ascribed the term "aggravated homosexuality" to instances where the victim is HIV positive, a child, elderly, or disabled.

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Two men in Uganda have been charged with "aggravated homosexuality" after one allegedly raped a disabled man and the other, a 12-year-old child.

Under the country's recently passed laws concerning LGBTQ activity, the offense is punishable by death.

According to a spokesperson for Uganda's Director of Public Prosecutions, the first suspect was arrested in Uganda's Jinja district in July after allegedly performing "a sexual act with a child aged 12 of the same sex." 

The second suspect, a 20-year-old man, was apprehended in the Soroti district on August 15, accused of having "performed unlawful sexual intercourse with one [man] aged 41 with a disability." 

The man's attorney, Justine Balya, told Amnesty International that he had been caught by law enforcement "half-naked" with the 41-year-old man at Soroti Sports Ground around midnight. 

Following an anal examination, the elder man was released a short time later on account of his "mental status," which authorities said rendered him unable to properly consent to the alleged offense. 

The 20-year-old suspect was taken to Soroti Main Prison ahead of his September 1 court date. Balya told NPR that because of the severity of the crime under the new laws, her client is "going to have to remain in prison custody regardless of his innocence, just because of that charge on the file."

While same-sex relations and rape have both long been a criminal offense in Uganda, the Anti-Homosexuality Act ascribed the term "aggravated homosexuality" to instances where the victim is HIV positive, a child, elderly, or disabled.

The act was widely criticized by the West after being signed into law in May, however Ugandan President Yoweri Museveni said sovereign nations should have the right to govern themselves as they see fit.

News of the two men's convictions quickly spread throughout North America and Europe, with many publishers putting the focus on the fact they were charged under the recently passed laws rather than on the severity of the crimes they allegedly committed. 

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