Secondly, the Justices say that the trial Judge treated Muhairwe while sentencing him as a parent or guardian of the victim of defilement which is an aggravating element for offenses of this nature given the resultant breach of trust but they were never related.
“In short, the law doesn’t create the offence of child to child sex. The use of the phrase child to child sex in the marginal notes to section 129A of the penal code Act is therefore misleading to the extent that it creates the offence of child to child sex. … The offender in this care was therefore rightly charged with the offence of defilement,” he said.
Beatrice Babra Angufiru, the Senior Legal Officer for Legal Aid Gulu revealed that of the 112 people who turned for the services, over 80 percent of them were with complaints on land conflicts while criminal matters like defilement and child neglect came a distant second