Showing posts with label Sarah Nekesa. Show all posts
Showing posts with label Sarah Nekesa. Show all posts

Tuesday, December 25, 2012

Uganda: A brave new world.

The Daily Monitor ( Uganda ) reports

Woman gets 7 years for defiling 16-year-old boy



                                         Sarah Nekesa (R) talks to a prison wardress.

The mood was dull with very few people at the magistrate’s court in Entebbe. And at about 10:30am, Sarah Nekesa, 30, was led to the courtroom while covering her face with a veil shying away from journalists who were taking pictures.

That suggests that this is an issue of indifference to Ugandans I hope when the severity of the sentence sinks in that some in the community realise that a grave injustice has been done to Sarah Nekesa.

Chief Magistrate Joyce Kavuma called Nekesa to read out her sentence. Prosecution requested the magistrate to give Nekesa a deterring punishment. “She has children to look after but she needs to be given a deterring sentence not to do it again,” Entebbe Resident State Attorney Cate Basuuta said.

Chief Magistrate Joyce Kavuma clearly has no understanding of the psychology and physiology of  16 year old males.  State Attorney Cate Basuuta clearly couldn't give a shit about the rights of children she had the ability to bring about a rational outcome to this situation and chose not to. I would have expected that with both a female prosecuter and judge they might have performed better but it would seem that Sarah might well have been better to have been judged by men who would recognise on the facts as presented to date clearly indicate no crime of any consequence has occured here.

The defendant’s lawyer, Ivan Ssekyanzi, however, said since the suspect is a is a first-time offender who is remorseful, she should be given a lenient sentence.

I have pointed out it is a fucking stupid law, it limits freedom and sexual expression until 18 years of age. Most of the world would be criminalised by this law if it was applied to adolescents. Sarah Nekesa is a political prisoner, unjust and stupid laws are not the hallmark of a society that is moving forward and embracing the modern world. When will Uganda realise the state has no place in the bedroom when the situation involves people able to give informed consent ? 

Ms Kavuma in her sentence said: “You are a first offender and haven’t wasted court’s time by pleading guilty. We know you have children to look after but you should have played a parental role to protect vulnerable children. “Defilement attracts a maximum punishment of life imprisonment and to consider your plight, court sentences you to seven years imprisonment but you have right to appeal”.

How the fuck did Ms Kavuma a woman clearly lacking in any compassion or understanding of the human condition, rise to the rank of Chief Magistrate ?
" I can imagine myself on my death-bed, spent utterly with lust to touch the next world, like a boy asking for his first kiss from a woman." Aleister Crowley

For some time, Nekesa stood in the dock, not believing what the magistrate had said before tears started rolling down her face. According to the charge sheet, Nekesa committed the offence on October 15 in Mutungo Village, Makindye Sabagabo Sub-county in Wakiso District.

If we are to judge people by their contribution to society this case illustrates clearly that Sarah Neskesa has contributed more and been a far less destructive force on Ugandan society than Chief Magistrate Joyce Kavuma and State Attorney Cate Basuuta. The transition from adolescent male to adult is not an easy one.

Saturday, December 22, 2012

Uganda: If you pass a stupid " fucking " law....

The Saturday Monitor ( Uganda ) reports

Magistrate’s court convicts Entebbe woman of defiling 16-year-old boy


                Sarah Nekesa (R) talks to a prison wardress. PHOTO by Martin Ssebuyira  

Defilement are some of cases that rank high up in the annual reports from different police stations in the country today.

Many reported cases are those of men defiling young girls and it is not often that a case is reported of a woman defiling a boy. This is why news of a woman, Sarah Nekesa defiling a 16-year-old boy caused ripples.

Nekesa was convicted by the Entebbe Chief Magistrate’s Court on Wednesday. According to police, the 30-year-old self-employed woman, lured the boy into her house in Mutungo village near Kigo Prison in Makindye Division, Wakiso District and defiled him.

I very much doubt it would have require much luring. 16 might be some time in my past but losing my virginity was a fairly large consideration back then. 

The boy, who was not present in court, has not been going to school and was doing casual jobs to earn a living.

Some people who know the boy say Nekesa would send him to help her with a few odd jobs such as fetching water and would then give him some money, luring him to enter her house. “A few people who saw the boy entering Nekesa’s house called others and made an alarm and found the woman ‘In flagrante delicto’ (red-handed),” one of the witnesses said in a statement.

What total bastards. Breaking into someones house is a far worse crime, in New Zealand they would be charged with home invasion. The age of consent is 16 here and recognises that teenage hormones need a release. Incidentally "In flagrante delicto " is correct insofar as it means caught in the act of a sexual act but "red handed" refers to poaching literally being caught with red hands , the blood of the animal poached on the hands of the poacher. Maybe The Monitor should be charged with crimes against language.  

According to the charge sheet, Nekesa committed the offence on October 15. “You have not wasted court’s time by pleading guilty and you are a first offender. I hereby convict you on your own plea and will pass the sentence on Monday December 24,” Ms Joyce Kavuma, the Entebbe chief magistrate, said.

Discharge without conviction would have been a better decision. Maybe some sort of community service sentence would be appropriate that is certainly the way I view the actual so called " crime ". 

The new revised Penal Code Act 2007, section 129(i), states that any person who performs a sexual act with another person below 18 years commits a felony known as defilement and on conviction, the person is liable to life imprisonment.

If you pass stupid fucking ( literally in this case ) laws they will be broken.

During the proceedings, Nekesa pleaded for a lenient sentence, saying she did not intend to lure a minor into sexual intercourse, and had children to look after.

I believe her totally. As I said teenage hormones are quite irrational.