Love or crime? Law-making and the policing of teenage sexuality in Uganda and the Democratic Republic of Congo

Abstract

ABSTRACT Age-of-consent legislation serves to protect children from sexual abuse. In Uganda and the Democratic Republic of Congo, however, the reform of laws against sexual violence has led to a criminalisation of non-violent and consensual sexual interactions with and between underage teenagers. These reforms have been inspired by evolving international norms, but discourses in both countries emphasised the regulation of female and youth sexuality over norms of self-determination. This contribution unpacks the interlocking actions of activists, parliaments, police, judges and parents, which turned protective anti-sexual violence legislation into an instrument of patriarchal control. Methodologically, the comparative analysis charts discourses and practices in both countries based on ethnographic, qualitative and statistical data. We trace legislative debates, demonstrate the significance of policing and prosecution of consensual youth sexuality, and discuss incentives for police and justice institutions to engage in this field. We contrast young people’s diverse views on underage sexuality with parental attempts to uphold patriarchal norms with the help of the police. The conclusion discusses the social cost of criminalising consensual teenage sexuality and asks whether these violent interventions indicate a crisis of patriarchal authority.