Ugandan court drops case against first man charged with aggravated homosexuality

Kampala, Uganda. A Ugandan court on Monday dropped a case against the first man in the country charged with “aggravated homosexuality” under a 2023 law that allows the death penalty, his lawyer said.

Anti-Homosexuality Act and penalties

Uganda enacted the Anti-Homosexuality Act in 2023, despite pressure from Western governments and opposition from local and international rights groups. The law provides for life imprisonment for same-sex intercourse and the death penalty for cases categorized as “aggravated.”

The “aggravated” category includes repeat offences, cases in which gay sex transmits a terminal illness, and same-sex intercourse involving a minor, an elderly person, or a person with disabilities.

Case background and amended charge

The accused, then 20 and from Soroti in northeastern Uganda, was detained in August 2023 and charged with aggravated homosexuality, according to his lawyer, Douglas Mawadri. Mawadri said the man spent nearly a year on remand and was accused of “unlawful sexual intercourse” with a 41-year-old man.

Mawadri said prosecutors later amended the indictment during proceedings that lasted more than two years, charging the man with having “carnal knowledge against the order of nature,” an offence under Uganda’s penal code that carries life imprisonment.

Court ruling and response

Mawadri said the magistrate discontinued the case after finding the accused to be of unsound mind following a long detention on remand. He said the ruling was delivered orally in court and that a written version would be available later.

A spokesperson for Uganda’s judiciary had no immediate comment.

How do you think the court’s decision will affect future prosecutions under Uganda’s Anti-Homosexuality Act?