Rape of men by women: an analysis of the law in Uganda

Abstract

This study is an exploration of the sufficiency of the existing international conventions and statutes in Uganda against rape that protect male victims from female perpetrators. It is a comparison of selected jurisdictions that have adopted the law of rape of men by women whose results have been applied to comprehend the sufficiency of rape law in Uganda based on which account lessons have been drawn to support the address of the underlying gender biases and to propose suggestions for improvement of rape law in Uganda. Four main research questions were explored, namely; i) to what extent are the international standards on rape sufficient in protecting men against rape by women?, ii) to what extent is Uganda’s legal framework against rape sufficient in protecting men against rape by women?, iii) how does Uganda’s legal framework against rape and rape laws in other jurisdictions compare in terms of sufficiency in protecting men against rape by women?, and iv) what lessons can be learned from other jurisdictions to benefit Uganda’s legal framework in protecting men against rape by women? The study submits that rape is an international crime that is not just growing but is also highly contested and without a joint legal definition. The process of its reporting in Uganda is victim blaming, shaming, humiliating, and with scarcity of support services. Yet, its prosecution is also genderised; men are always perceived as perpetrators, and never the victims. A combination of these factors compromises the men’s voice and their ability and willingness to testify once victimised. However, from a series of achievements from other jurisdictions that have embraced rape law reforms, this study concludes that there is still chance for male justice in Uganda. However, suggestively, this can only be achieved if Sections 110, 116 and 134 of the Penal Law of Uganda are revised and neutralised. It is until then that the masculinity myths and feminization could be overcome to meet the balanced aim of justice.