Uganda fails to jail child rapists despite teen pregnancy on the rise
In the aftermath of the pandemic, the shocking increase of girls aged 10-14 who became pregnant was revealed. BBC Africa Eye investigates why perpetrators of sexual abuse are able to get away with it.
The local council chairman asked the heavily pregnant girl, who was no older than 12, about her last visit to the doctor.
It’s a question that a relative should ask, but this pregnancy isn’t normal.
The girl, who lives alone in a small house in Kitgum District, is due to give birth at any moment.
After her parents’ cassava-business failed, they returned home to their village in order to raise money for the family.
Obita Livingstone, chairman of the board, says: “She was sent here because it is closer to the school.”
“But, unfortunately, in the next room people drink. This alone has put her in a difficult situation.
No one knows what happened or who the father was.
Three cases per week
BBC Africa Eye can only film this girl – we won’t name her – because Mr Livingstone wanted to raise public awareness about the sexual abuse that is happening in the local community.
“We always have three defilement cases in a single week.” When we catch the perpetrator, sometimes we have to tie him up with ropes before we take him to the police. “But they don’t bother following it up.”
He has had enough of such impunity.
“There’s no one who will really stand up for the victim.” The local chairman said, “I see this justice as weak justice.”
Defilement is the act of having an illicit sexual relationship with a girl under 18 years old.
According to Uganda’s Health Management Information System (March-June, 2020), the number of pregnancies in girls aged between 10 and 14 years increased by 366%.
Nearly a quarter of the pregnancies at the regional general Gulu hospital during the past financial year involved girls who were under the legal age for consent in Uganda, which is 18.
Dr Baifa Arwinyo said that all teenage mothers are filthy. It is not normal for teenagers to become pregnant.
You will discover that the majority of women who die of obstructed labor are young mothers. The more complications, the younger the mother.
‘Sexual Abuse was a War Strategy’
The two-decade long conflict in northern Uganda is thought to have left a legacy that was notorious for its brutality.
Joseph Kony started the war, the head of Lord’s Resistance Army. This rebel group wanted to topple the government.
His fighters were notorious for their brutal treatment of the people they abducted. They would maim, cut off lips, limbs and even force them to submit by fear.
Estimates suggest that 40,000 children have been abducted and forced to serve as soldiers or sexual slaves. 1.7 million people live in camps for internally displaced persons.
Pamela Angwech is the director of Gulu Women Economic and Globalisation. This grassroots non-governmental organization (NGO) says that although the rebels left Uganda in 2008, their atrocities still affect people today.
“Living in a minefield of toxic substances had a long-term effect on the community.” The people are used seeing dead bodies and death. LRA’s team used sexual abuse to achieve military objectives.
“I would describe it as a war that was fought within the body of a woman, and she became the battlefield.”
Only a few people have ever seen justice served for the crimes that were committed during World War II.
One could say that LRA commander, Dominic Ongwen, was tried before the International Criminal Court and found guilty in February 2021 of 61 counts of crimes against humanity and war crimes.
Kony’s whereabouts are unknown. He is also wanted for prosecution by the ICC.
Eunice Lakaraber-Latim, a lawyer who works for the NGO Caritas says that this legacy of lack of accountability continues to thrive in northern Uganda.
“As a child growing up in Gulu, I witnessed so many children being defiled. Most of these parents didn’t have the resources necessary to seek justice for their children.”
“My child lives with pain”
Ms Latim visited the family of three-year-old child who had been raped.
When she noticed that the child’s walking style had changed, the mother was only able to find out. She says that the police asked her to pay money for “transporting” her relative when they came to arrest him.
Ms Latim says, “I was expected to feed the prisoners.”
You have to pay to get justice. The suspect must be apprehended by paying for fuel.
You should feed them at the police department.
He was jailed for six-months, but due to a few lapses in legal procedure, he was then released on bail. The mother did not have enough money to continue pursuing the case.
Both police and medical reports confirm the infection of the three-year-old with a sexually-transmitted disease.
Even now, “My child still hurts,” her mother said. “The infection has never healed”, her mother said.
He should be sentenced to prison. I didn’t expect it to end in this way.
Ms Latim claims that it’s not uncommon for the justice to fail victims. She says they have seen many cases go awry.
“There’s a lot corruption.” The people don’t hesitate to commit crimes because, they believe, if one has money, they will be able to escape. This is what’s happening.”
Nachula damalie is the regional police chief of Aswa. She acknowledges some problems in the way certain cases are handled but she denies that corruption is widespread.
“We should never ask victims to pay for services. Sometimes I have to accept that fuel can run out. Yes.
“Now that there is corruption, the general perception has been that all police officers are corrupt. But not all of them are, just as any other institution. There are good and bad police officers.
Grace Freedom Kwiyucwiny is the Minister of State responsible for Northern Uganda. She also acknowledges that there are issues.
“I can’t deny corruption. Corruption exists. She says that corruption is present at all levels.
“We have defilement laws, we have incest laws, but again people go behind the laws and bribe officers, then the police tell them, “OK, settle it at your home.” The number of cases prosecuted is small.
BBC Africa Eye has not prosecuted any suspects involved in the investigations.