Police say adultery is not a crime

The police made this statement in the context of an adultery case where, last week, NBS-TV presenter MC Casmir was caught literally with his pants down when he was found with a married woman only identified as Trice.

The police officers involved in the case have since been arrested for “discreditable conduct” which, upon conviction, may result in their dismissal from the police force.

Police spokesperson, Fred Enanga, said adultery is no longer a crime but rather a civil matter.

“Adultery, is no longer a criminal offence in our country. Therefore, criminalising it, is an act of unprofessionalism and abuse of authority, which the force cannot tolerate,” Enanga said.

“We strongly condemn the criminalisation of civil matters in police.”

However, Enanga advised marrieds to respect the institution of marriage and regulate their marital behavior to comport with acceptable conduct under the law.

Emphasising that adultery is not a crime, Enanga stressed that it could serve as fertile ground for civil processes like divorce, judicial separation, custodial agreements over children and the sharing of property.

Enanga said that the role of police in civil conflicts, complaints and disagreements such as adultery is to protect the sanctity person and property.

“However, there are other circumstances, were victimised married person, can report their matters to police. These include complaints of elopement, where one elopes with a married person and stays with them, trafficking in persons, where a person uses their power or positions of superiority and takes advantage of the victim’s vulnerability or disability, and under domestic violence, where the victim is tortured physically or emotionally, by the sexual behaviour of a married partner,” Enanga said.

Uganda scrapped the adultery law in 2007 because it was believed to discriminate against women.

Uganda’s Constitutional Court ordered amendments to the Penal Code under which it was legal for a married man to have an affair with an unmarried woman but against the law for a married woman to have an affair with an unmarried man.

“Section 154 of the Penal Code Act which penalizes married women on the offence of adultery is discriminatory,” the Constitutional Court said in its ruling.

Women found guilty of the offence had previously faced a fine or up to a year in jail.

The ruling came after a legal challenge filed against Uganda’s attorney general by a group of female lawyers.

Their lawyer, Ladislaus Rwakafuzi, said the old rules had given cheating husbands carte blanche to pursue single women.

“Discrimination concerning sexual relations amounts to cruel, inhuman and degrading treatment contrary to the law,” he said after the verdict.

In a related matter, a cross section of members of parliament are clamouring for the Sexual Offences Bill 2019 to be passed as quickly as possible.

Sexual Offences Bill 2019 provides for criminalisation of a range of sexual offenses.

It aims to prevent sexual violence, ensure punishment of sexual offenders and provide additional protection for victims. However, it also reinforces and reiterates a ban on same-sex relations codified in the country's Penal Code.