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Man Sentenced to 20 Years For Defiling 13-Year-Old

"Even though there is hope that Abeine can reform after serving this jail sentence, aggravated defilement is now rampant in Uganda, so I sentence him to 20 years because we must protect girls," Justice Kwesiga said.
Justice Wilson Kwesiga the Head of Criminal Division of High Court


High Court judge Wilson Kwesiga has today sentenced Dennis Abeine to 20 years in jail on charges of aggravated defilement.

Justice Kwesiga says that the sentence is meant to punish Abeine and also deter other would be offenders from committing aggravated defilement.

"Even though there is hope that Abeine can reform after serving this jail sentence, aggravated defilement is now rampant in Uganda, so I  sentence him to 20 years because we must protect girls," Justice Kwesiga said.

He delivered the sentence this morning during the High Court Criminal session being held at Entebbe Chief Magistrate's Court. 

Justice Kwesiga said the prosecution had sufficiently proved that Abeine performed unlawful sexual acts with a girl aged 13 years in December 2018 in Seguku (Makindye-Ssabagabo municipality). 

The Penal Code Act, 1950 prohibits aggravated defilement, which courts have interpreted as a situation where an unlawful sexual act is performed on a person below 14 years. 

The same law interprets an unlawful sexual act as "penetration of the vagina, however slight, of any person by a sexual organ."

Kwesiga noted that prosecution had proved beyond reasonable doubt that the victim was under 14 years when the offence was committed, and that there was a sexual act and this act was performed by the accused.

According to the victim, Abeine was a neighbour and he performed sexual acts on her on two occasions. 

On the first occasion, he found her bathing at home during day time and had sexual intercourse with her after promising to give her whatever she wants. She was alone at home that day.

On the second occasion it was behind the victim's home when two neighbours found Abeine laying on top of the victim. The victim was undressed.

Justice Kwesiga says he is convinced that the victim had a close relationship with Abeine before he committed the offence. 

He noted, "So it goes without say that the accused and victim were very close."

He added that he was further convinced by testimonies of the two neighbours and the medical report indicating that the victim was 13 years when the offence was committed. The medical report also showed that the victim's hymen had been raptured two weeks before the examination and since become sexually active.

Kwesiga says that though Abeine denied the charges saying that he was not at the scene on 6th December, 2018, he is guilty based on the victim's testimony and other evidence adduced before the court.

As a result, he has convicted Abeine and sentenced him to 20 years in jail.

He however says the period of one year and ten months that he has spent on remand should be deducted from the sentence.

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