Wakilii

Uganda v Rwabulikwire Moses (HCT-01-CR-SC-0066 of 2001) (HCT-01-CR-SC-0066 of 2001)

High Court · [2002] UGHC 14 · 2002 Convicted of Lesser Offence AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on defilement charge
Decision
Accused convicted of attempted defilement and sentenced to 14 years imprisonment

Observed later treatment

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Holding

The High Court acquitted the accused of defilement but convicted him of attempted defilement. Medical evidence showed the complainant's hymen was intact and no penetration occurred, disproving the essential element of sexual intercourse required for defilement. However, the complainant's evidence established that the accused made preparations and attempted to have sexual intercourse with her but failed to consummate the act. The court convicted on the lesser offence of attempted defilement under section 123(2) of the Penal Code Act based on the complainant's uncorroborated but credible testimony identifying the accused.

Outcome

Accused convicted of attempted defilement and sentenced to 14 years imprisonment

Facts

On 10 July 2000 at Kisagazi village in Kasese District, the complainant, a girl aged 5½ years, was sleeping in her grandmother's house. The accused, employed as a herdsman by the complainant's grandmother and residing on the premises, entered the house and attempted to have sexual intercourse with the complainant. He removed his trousers, inserted his penis into her vagina, but only discharged what appeared to be urine. He threatened to beat her if she revealed the incident. Days later when the complainant's mother returned from Kampala, the complainant disclosed what had happened. Medical examination on 16 July 2000 found the complainant's hymen intact with no injuries or signs of penetration, but she was found to be suffering from a venereal disease. The accused was also found to have a venereal disease infection.

Issues

  1. Whether the complainant was under the age of 18 years at the time of the offence.
  2. Whether there was unlawful sexual intercourse with the complainant.
  3. Whether it was the accused who had unlawful sexual intercourse with the complainant.

Orders

  • Accused found not guilty of defilement under section 123(1) of the Penal Code Act.
  • Accused found guilty of attempted defilement contrary to section 123(2) of the Penal Code Act.
  • Accused sentenced to 14 years imprisonment.
  • Period of 2 years, 3 months and 21 days spent on remand to be taken into account.
  • Right of appeal explained.

Rules and key headnotes

Defilement — Essential Ingredients — Proof of Penetration
For the offence of defilement to be proved, the prosecution must establish penetration of the female sexual organ by the male sexual organ; the slightest penetration suffices, and rupture of the hymen or emission of seed is not required, but some degree of actual penetration must be shown.
Medical Evidence — Weight in Sexual Offence Cases
Where medical evidence categorically establishes that the complainant's hymen was intact and no signs of penetration were found, this negates testimony that full sexual intercourse occurred, even where the complainant herself testifies to penetration.
Attempted Defilement — Elements
Where an accused makes all necessary preparations to have sexual intercourse with a girl under 18 years but fails to achieve penetration, the offence of attempted defilement under section 123(2) of the Penal Code Act is made out.
Corroboration — Sexual Offences — Uncorroborated Evidence
While there is danger in convicting on the uncorroborated evidence of a complainant in sexual offences and corroboration should be sought, a court may convict on uncorroborated evidence if, after warning itself of the danger, it finds the complainant's evidence truthful and credible.
Cross-Examination — Failure to Challenge Evidence
Failure by a party to cross-examine a witness on a particular point gives rise to the inference that the fact testified to on that point is admitted.
Venereal Disease — Inference of Sexual Intercourse
The mere fact that a complainant is found to be suffering from a venereal disease does not give rise to an inference that sexual intercourse took place, as venereal diseases can be contracted by means other than sexual intercourse.

Legislation cited (2)

Cases cited (4)

  • Woolmington v DPP [1935] AC 462
  • Lubogo & Others v Uganda [1967] EA 440
  • Serugo v Uganda [1978] HCB 1
  • Uganda v Cleophas Ntura [1977] HCB 103

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Uganda v Rwabulikwire Moses (HCT-01-CR-SC-0066 of 2001) (HCT-01-CR-SC-0066 of 2001) [2002] UGHC 14 (11 November 2002)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.