Failure of criminal law to deter sexual offences in Uganda
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Date
2013-11
Authors
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Journal ISSN
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Publisher
Kampala International University; School of Law
Abstract
This research report deals with failure of criminal law to deter sexual offences. To arrive at the above five chapters were created. The first chapter dealt with the proposal. This included the introduction and background of the study, which was divided into three, pre-colonial, colonial and post-colonial. The importance of the above is that criminal was a foreign approach to crimes, which was not known to Uganda. The method used in this research was, sampling methods: stratified random sampling, snow ball method, questionnaires, direct interviews and review of literature: These methods supported the statement of the problem, purpose of the study, objectives and hypothesis. Criminal law and its element were distinguished and they include politically, specificity, uniformity and penal sanctions. The sources of Ugandan criminal law are discussed and among them are the constitution, Acts of Parliament, precedents and common law. The purpose and functions of criminal law and available defenses are also mentioned. The researcher identified punishment theories such as deterrence in the sentencing process as key. Criminal justice system and sexual offences applicable to our jurisdiction were identified and they include: rape, aggravated defilement, defilement, defilement of idiots and imbecile, abduction and prostitution, incest, indecent, assault and the outlawed adultery which is still notorious in our community. The criminal justice under their umbrella JLOS is appraised in this report as their input is paramount in the findings of this investigation. The causes and failure of criminal law to deter sexual offences according the research findings are poverty, family disintegration and moral degeneration, procedural ignorance, prevalence of HIV I AIDS, insecurity among others. These factors are backed by other punishment theories such retribution, prevention and reformation. Due to the above factors the community has lost confidence in the criminal justice system and the public has resorted to take the law into their hands.
Description
A dissertation submitted to the School of Law Kampala International University in partial fulfillment of the requirement for Award of Bachelor of Laws
Keywords
Criminal law, Sexual offences, Uganda