By Arret Jatta
The Criminal Offenses Bill which is currently in the consideration stage at the National Assembly, prohibits same-sex relationships and described it as “grossly indecent practices” between two males or two females and amended the jail term which was previously two years to three to five years.
“A male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit an act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private commits a misdemeanour and is liable to imprisonment for two years,” the bill states.
It also stated that “a female person who, whether in public or private, commits an act of gross indecency with another female person, or procures another female person to commit an act of gross indecency with her, or attempts to procure the commission of any such act by any female person with herself or with another female person, whether in public or private, commit a misdemeanor and is liable on conviction to imprisonment for two years”.
However, National Assembly members argued that instead of two years jail term, it should be three to five years and this was amended by the House.
Hon. Almamy Gibba Member for Foni Kansala was the first to ask for the jail term to be raised to three to five years instead of two.
“Not less than five years, “yes,” that is what we said. But, sorry, Chair, we’ve heard from the Minister that a felony takes three years and above. So now, if you said not less than five years, you are giving the judge discretion to give one or two years,” Hon. Almamy raised concerns.
However, Attorney General, Hon. Dawda Jallow clarifies that “not less than five years means the judge can sentence someone five years or more but not less than five years, he can give six years, seven years, eight years, nine years, ten years, twenty years, even hundred years, but not less than five”.
