Penal Code Leaves Male Rape Survivors in Legal Limbo

By | September 17, 2025

Can men be raped?

It is a question that cuts to the heart of a gap in Uganda’s justice system—and society’s understanding of sexual violence.

Uganda’s Penal Code Act, first enacted in 1950, defines rape under Section 123 as the unlawful carnal knowledge of a “woman or girl” without consent, or where consent is obtained by force, threats, or intimidation.

The wording is explicit: only women and girls can be recognised as victims of rape.

For men who are sexually violated, the law does not apply. Instead, their cases fall under Section 145, which categorises them as victims of “unnatural offences.”

Mental health counsellor Bamwine Didus, from Mild Institute of Health Sciences, says this omission is more than just a technical oversight.

“Men who go through rape are not only ignored by the law but judged by society. That double rejection produces deep trauma, depression, PTSD, and suicidal thoughts. Many suffer in silence because they fear they will not be believed,” Bamwine explains.

According to experts, this silence often leads to untreated trauma, broken trust, relationship breakdowns, and, in some cases, self-harm.

Lawyer and legal analyst Turyamsusiima Geoffrey says Uganda’s Penal Code has not kept pace with modern realities of sexual violence.

“This law was written in 1950. Classifying male survivors under ‘unnatural offences’ stigmatises them and denies equal protection. If justice is the goal, the Penal Code needs to be reformed to recognise that men too can be victims of rape,” Turyamsusiima notes.

He adds that the wording of the law has real consequences, shaping how cases are reported, investigated, and prosecuted. Without reform, he says, male survivors will remain invisible in the justice system.

On the streets, public opinion remains divided. Some Ugandans question whether a man can truly be raped, often equating masculinity with invulnerability.

Others argue that sexual violence affects everyone and the law must evolve to reflect that reality.

Seventy-five years since its enactment, Uganda’s Penal Code continues to frame sexual violence narrowly—privileging women and girls in its definition of rape while leaving male survivors without recognition or tailored protection.

As debates grow louder among legal experts, mental health practitioners, and human rights advocates, one question looms large: is it time for Uganda to reform its Penal Code to protect all survivors of sexual violence, regardless of gender?

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