Judge to prosecutors: Keep human trafficking, defilement charges distinct

High Court Judge Margaret Mutonyi has cautioned the Office of the Director of Public Prosecutions (DPP) against charging defilement suspects with trafficking in persons, stressing that the two offences do not share similar elements.

Justice Mutonyi warned that if this trend continues, defilement cases could be misclassified as human trafficking.

She urged DPP officers to thoroughly establish a suspect’s motive before determining whether to charge them with defilement or trafficking in persons.

Justice Mutonyi made the remarks while handling the case of Fred Kavuma, who had been charged with aggravated trafficking after having carnal knowledge of a girl below 18 years, resulting in her pregnancy.

She said: “The particulars in the case before me were clumsy and needed a lot of explanation for the accused to understand the charges to which he pleaded guilty. I hope the prosecution will do better next time.”

“The facts to which he pleaded guilty did not disclose commercial sex, coercion, fraud, or deception but revealed an unlawful sexual act with a girl below 18 years. It was an act of forbidden love with a minor. This case presents a very thin line between the offenses of trafficking in persons and defilement of minors below the age of 18,” she added.

The judge further advised that State Attorneys should be able to ascertain the motive or purpose behind the suspect’s actions before pressing charges.

“Where there is no deception but rather a case of falling in love with a person deemed by law to be incapable of consenting, it is pure defilement,” she said.

Facts of the case

Court documents reveal that Kawuma was indicted for aggravated trafficking, a charge to which he pleaded guilty.

The prosecution alleged that in January 2023, at Wankulukuku, Rubaga Division in Kampala District, he recruited, confined, transported, and transferred a girl under 18.

During the pre-trial process, Kawuma’s lawyer Jonathan Kaima, and State Attorney Carolyne Tabaro, agreed that the case facts pointed to defilement, with the accused expressing willingness to plead guilty under the plea bargaining program.

At the time of the crime, the minor was living with her sister. Upon discovering her pregnancy, she confided in her mother, who advised her to live with the person responsible.

Kawuma, who was in love with the girl, welcomed her into his home, and they began cohabiting.

Concerned neighbours reported Kawuma to the police due to the girl’s young age, leading to his arrest.

After pleading guilty, Kawuma received a lenient sentence of 14 months and 25 days. The court also ordered him to provide for the girl.

[email protected]