Defilement and the Ugandan Criminal Justice System

Abstract

Defilement stands out from the obstacles suffered by the Uganda's children. Defilement, a sexual offence, that involves having canal knowledge with a kid under the age of majority, regardless of sex, poses a societal hazard and hindrance. Despite the provisions of the criminal law in Uganda, official statistics on defilement continue to be climbing yearly. This anomaly has taken many legislators aback and made them confused on how to approach it. This confusion necessitated the present study that thoroughly examined defilement and the Ugandan criminal justice system. The study secondarily sourced its data from textbooks, policy briefs, newspaper publications, journal articles, technological blogs, court decisions and statutory provisions. The study recommends constant awareness on defilement risks to be raised by the government. This is because lack of legal awareness makes destruction of evidence by the victims who rush to bathe after being defiled. In certain cases, the victim shields the abuser from police. Additionally, there should be enhancing record keeping to help victims prove defilement components like age. Due to lack of birth certificates for some children, which makes it hard to determine the victim's age, the need for medical personnel to be informed of defilement cases so they can assist in prosecution, and the need to train law enforcement agents on how to handle defilement cases, record keeping should be improved. More so, there need for increase in the number of remand homes for child offenders. This is crucial given Uganda's high child-to-child sex rate. Child perpetrators need remand centres, and more remand houses should be established to accommodate the vulnerable state of defiled victims. Keywords: Child perpetrators, Criminal justice system, Defilement, Offenders, Remand centres.