Man freed over erroneous rape charge

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The High Court at Soroti has acquitted a man charged with rape, ruling that the applicable offence would be defilement, given the alleged sexual acts involved a 16-year-old girl.

In a ruling dated April 9, 2025, High Court judge Celia Nagawa stated that since the offence involves a minor, the offence of rape slapped against Filbert Arugai cannot stand.

“I therefore find that no prima facie case has been made out against the accused in respect of the charge of rape,” she ruled. Consequently, Arugai was acquitted of the offence of rape.

The judge expressed concern that the Office of the Director of Public Prosecutions chose to pursue a rape charge instead of the more suitable charge of defilement.

Nagawa said the decision not only compromises the fair administration of justice but also exacerbates the trauma experienced by victims who bravely testify in court, only to see their efforts undermined by legal technicalities that could be used as grounds for appeal.

She observed that the justice system’s primary goal should be to protect vulnerable individuals, rather than inadvertently causing them further harm through preventable mistakes.

“It was expected that the prosecuting counsel would have noted and addressed this apparent error, and the counsel for the accused on state brief would have raised a preliminary point of law in respect of the charge of rape. The failure to rectify such a fundamental issue at an early stage is unfortunate and highlights the need for greater vigilance in the handling of criminal matters,” Nagawa observed.

The judge stated that, according to statutory provisions and established case law, the offences of rape and defilement are distinct, with different elements and protecting different aspects of sexual autonomy. She said the critical distinction between the two offenses lies in the element of consent, which is central to rape but irrelevant to defilement.

The judge noted that amendments to the Penal Code Act have established a comprehensive framework for sexual offenses involving victims under 18 years old, where the appropriate charge is defilement, regardless of the presence of force or violence. In contrast, the offence of rape applies to adult victims who can legally consent to sexual intercourse.

Arugai was charged with rape of a 16-year-old girl. Subsequently, prosecution presented medical and eyewitness evidence confirming forced sexual intercourse, but the court found that the charge of rape was improperly framed since the victim was a minor, making the issue of consent legally irrelevant under Ugandan law.

It is alleged that on August 3, 2021, at Aelenyang village in Katakwi district, Arugai had carnal knowledge of the victim without her consent.