Insulting the modesty of a woman in Uganda is an unconstitutionally vague and discriminatory offense

You probably didn’t know that there is a criminal offense called insulting the modesty of a woman. You rightly thought that the freedom of speech is strong enough to accommodate colourful and insulting language. However, there is an offense called insulting the modesty of a woman and it’s weaponised against men who have the foresight not to use violence at home but run their mouth with colorful and insulting language. The offense has come into focus because it is being weaponised against Uganda Law President Isaac Ssemakade who allegedly used colourful and insulting language against DPP Abodo. It is not the state prosecuting him but some of his political opponents in Uganda Law Society. The offense is not only antiquated but it is also poorly drafted and an undue burden on the freedom of speech.
- Firstly the offense abridges equal protection of the law. Why not modesty of a man? It’s unconstitutionally discriminatory.
- Secondly is there a presumption of modesty or is the Prosecution required to prove that the specific alleged victim is modest. The offense is unconstitutionally vague.
- Thirdly is the test of insult subjective or objective. Should the words be capable of being understood as insulting by the specific victim or any reasonable person.
- Is any reference to the private parts of a woman insulting to the modesty of a woman.
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