Yes, he does.
Trying to justify the necessity of passing the bill into law he added, "In the Defilement Act 2009, the law says that if someone (man) defiles a minor (girl child), the maximum punishment is death, but if a man defiles a boy, the law is silent about it."
But, what does the law really say? This is what I got from Dr Sylvia Tamale. And, this is what the law became after this current parliament, of which Bahati is a member, this is what it says. I dealt with this before. But since he insists on lying, well, I will deal with it again. This is what the law says at this particular moment about 'aggravated defilement'
Penal Code (Amendment) Act, 2007 (Act No. 8 of 2007)
Any person who performs a sexual act with another person who is below the age of eighteen years in any of the circumstances specified in subsection (4) commits a felony called aggravated defilement and is, on conviction by the High Court, liable to suffer death.
The circumstances referred to in subsection (3) are as follows-
(a) where the person against whom the offence is committed is below the age of fourteen years;
(b) where the offender is infected with the Human Immunodeficiency Virus (HIV);
(c) Where the offender is a parent or guardian of or a person in authority over, the person against whom the offence is committed;
(d) where the victim of the offence is a person with a disability; or,
(e) where the offender is a serial offender
Now, I want you to be the judge, is what Bahati say true? IS IT? If a man defiles a boy, is that amended Penal Code Act silent on it? If any person!
Let us go a bit further.
What is the basis of Bahati's Lie? Before, the Penal Code act was indeed silent on defilement of a boy. This is what it said. And, I think this is what it had said since the British left it to us (Hey, we were too busy fighting some wars. Civil wars at that ....!)
129. Defilement of girl under the age of eighteen.
(1) Any person who unlawfully has sexual intercourse with a girl under the age of eighteen years commits an offence and is liable to suffer death.
(2) Any person who attempts to have unlawful sexual intercourse with a girl under the age of eighteen years commits an offence and is liable to imprisonment for eighteen years, with or without corporal punishment.
But, again I insist, this was the old act. Amended when David Bahati was a member of Parliament, in 2007.
Now, you may insist, what if David Bahati doesnt remember the law that he voted on at that time? Maybe he was in parliament, maybe he was asleep, maybe....
The next post deals with it. Bahati Lies 2.
For now, assimilate the fact that the law as it is does not say what Bahati says it does. HE lies, blatantly. Like Ssempa.
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