Prosecutors in Africa said a 20-year-old man is the first person to be charged in Uganda with “aggravated homosexuality” − a crime punishable by death under a controversial anti-gay law that went into effect this spring, multiple media outlets are reporting.
The Ugandan defendant was charged with the offense on Aug. 18 after he allegedly “performed unlawful sexual intercourse” with a 41-year-old man, according to Reuters, the first outlet to report the news.
The outlet did not provide information about what made the defendant’s alleged crime aggravated.
The “Anti-Homosexuality Act of 2023” was signed into law by President Yoweri Museveni in late May. The law imposes the death penalty for engaging in “same-sex sexual acts.” Instances include having sex while infected with a virus like HIV, having sex with a minor and having sex with a person with a disability.
Gay marriage is also forbidden and punishable by life in prison, under the new law.
“Since it is a capital offence triable by the High Court, the charge was read out and explained to him in the Magistrate’s Court on (the) 18th and he was remanded,” Jacqueline Okui, spokesperson for the office of the director of public prosecutions, told the outlet.
Okui could not immediately be reached by USA TODAY on Tuesday.
“When you carry out acts of homosexuality through force or duress, or due influence, then the law defines that as aggravated homosexuality, Asuman Basalirwa, a Ugandan politician said during a press conference this year recorded by the Associated Press.
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Four people charged under new law
The defendant’s lawyer, Justine Balya, who also could not immediately be reached, told Reuters the “law was unconstitutional.”
“It seeks to criminalize what is often consensual conduct between adults,” Bayla said.
According to the outlet, Bayla said four other people have been charged under the new law but her client was the first to be prosecuted for the capital offense.
The outlet reported she declined to provide specific details about her client’s case.
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According to a database maintained by the International Lesbian, Gay, Bisexual, Trans and Intersex Association, of 193 countries in the United Nations, 64 still criminalize same-sex acts.
In a May 29 statement released by the White House, President Joe Biden called the enactment of Uganda’s Anti-Homosexuality Act “a tragic violation of universal human rights” and called for “its immediate repeal.”
The statement goes onto say the law “jeopardizes the prospects of critical economic growth for the entire country” and said no one should have to “live in constant fear of… violence and discrimination.”
Contributing: Kim Hjelmgaard and Javier Zarracina
Natalie Neysa Alund is a senior correspondent for USA TODAY. Reach her at nalund@usatoday.com and follow her on X, the platform formerly known as Twitter @nataliealund.
