IS IT LEGAL TO NEGOTIATE WHEN SOMEONE HAS BEEN SEXUALLY ABUSED?.

 

#Law

Alimo was looking forward to working during her senior 4 vacation to help her mother, who’s been working hard since Alimo’s dad died. She wanted all her savings to go to school fees so that her mother could rest a bit. She got a job cleaning an office for one of her mother’s friends, but after a while, Alimo’s mother started noticing that Alimo was always ‘feeling’ really tired and sick. When they went for a checkup, they found out Alimo was pregnant. The pharmacist advised Alimo and her mother to report to the police because Alimo was only 16.

Instead, Alimo’s mother chose to negotiate with the man responsible instead of going to the police because she felt arresting him would stop him from supporting Alimo. So he brought 4 cows and 2 goats.

WHAT DOES THE LAW?

In Uganda, there is a limit to what you can forgive when certain crimes have been committed. you can settle some disagreements when it is a simple case that can be sorted through compensation or reconciliation such as theft, assault or even defamation. The courts sometimes encourage this so that more serious crimes can go through the courts. 

Crimes are considered offences against everyone in Uganda. The government’s job is to protect the citizens from harm to property, life and morals. This is why all criminal cases before the court are brought in the names of the state (Uganda) against the accused person. (UGANDA VS. ACCUSED). The point of the law is to punish those engaged in crimes and to teach them a lesson, not to make money for the victim.

Serious crimes, or those that are against public policy/interest should not be negotiated for. If a person engages in this, it is a crime known as obstruction of justice. Sexual offences especially against someone under 18 are very serious crimes and if the courts were to allow negotiation, it would send out the message that this behaviour was acceptable as long as someone has money. So it is a crime to negotiate for such a crime and anyone engaged in it will be taken as aiding in the defilement by covering it up. Alimo’s mother cannot just settle things by talking; she needs to report it so the police can handle it properly. And if it goes to court, they might even decide that the man should pay some money as well as face other consequences including imprisonment.

Source: BarefootLawyers 

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