IN THE l!IGH:-cOURT-oF-UGANDA-;:t\':!' TPRORO
BEFORE HON. MR. JUSTICE fvlIKE J. CHIBITA
· The offence with which Balisima is charged with is aggravated
defilement cLs 129 (3)_ (4)_ (b)_ and (c) of the "Penal Code Act. The
section deals with defilement of a girl below 18 ye~s ·where the
offender is infected with HIV and is a parent or guardian. The
offence under this section leads on conviction to death penalty
).r~... -~-·~· :..- The assessors re~urned a split decision.
The victim, Akongo Juliet, stated that she is 14 years old, she has a
child from the alleged defilement, whom she appeared with in the
witness box, and contracted HIV in the process of being defiled.
There are medical records to confirrn penetration, pregnancy and ·
HIV positive status.
The ingredients for the offence of aggravated defilement are:- The victim was below 18 years at the time of the offence.
There was .sexual intercourse.
- The accused is or ·was HIV positive at the ti:rne of the offence or
was a parent or guardian of the victirn.