Defilement or Rape?

There have been more cases of defilement in the papers over the past few weeks then I have seen since I arrived. So I think it is worth addressing the interesting facts surrounding ‘youth’ and sexuality in the country of Uganda.

Defilement is defined by the law here as a man who has engaged in sexual relations with a women under the age of 18. If this happens she has been defiled. Doesn’t matter if it was consensual sex between a girl and her boyfriend, both of age 17, she has been defiled and he can face up to 40 years in prison. Often times in an effort to protect the boyfriend the girl explains that she wanted the sexual relationship, it simply makes it worse, she has confessed to being defiled.

This defilement law is an interesting concept considering the customary marriage law recognizes brides of 16 years old as long as they have their parents consent. So if a father wants to marry off his girl-child because he needs the money or a cow that is acceptable. But, should the new husband sleep with his new wife that is illegal – although rarely prosecuted, because the girl has no one to tell. Her parents won’t listen and she is now the property of her husband.

Another twist is when they use the word defiled when a young girl-child (say 8 or 9-years-old) has had sex with their teacher. This is where the language seems too soft. If there is a huge age gap, and there is clearly no actual consent given then it should be referred to as what it is – rape.

The government should not be lecturing parents on teaching their children good morals. They should be sending out the simple message that if the woman, girl, child, whatever, does not say yes, it is rape. If the person is too young to understand what is occurring, it is rape.

Men here definitely still have the idea that sex is their right and the woman wearing whatever it is wants it. This idea is furthered by many women who believe women are inherently wicked (just look what Eve did to Adam) and seduce men with how they dress, act, walk and talk. Somehow the men can’t be held responsible to control themselves. As a woman from the West, I find this concept ridiculous and have started writing articles on women and their rights for the New Vision.

Defilement laws need to be changed also, if an 18-year-old girl makes a decision to be sexually active, she should not be labeled as dirty or deflowered. These old ideas lead to women being kept as second class citizens, where they need to constant protection and acceptance of men.