UHRC clarifies: ‘Adultery no longer a criminal offense but criminal trespass’

The Uganda Human Rights Commission (UHRC) has officially clarified that adultery is no longer recognized as a criminal offense under Ugandan law.

However, in certain circumstances particularly when it involves unauthorized entry into another person’s property or home, it may be prosecuted under Section 302 of the Penal Code Act as criminal trespass.

The Commission made this announcement during a press briefing aimed at addressing persistent confusion over the legal status of adultery, which had long been contested in courts and condemned by rights activists as discriminatory.

“Adultery, as a specific criminal offense, was declared unconstitutional. However, acts involving entry into private property without the owner’s consent such as entering a marital home can amount to criminal trespass,” stated Ms. Amina Yusuf, a Uganda Human Right commission in Charge of Investigation at UHRC Gulu regional office.

Relevant Law: Section 302 of the Penal Code Act

Section 302 of Uganda’s Penal Code Act defines criminal trespass as follows: “Any person who enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered, unlawfully remains there with such intent, commits the offence of criminal trespass.”

This means that while consensual sexual relationships between adults are not crimes, any unlawful entry into a private space, especially a marital home, can be prosecuted if intent to annoy, insult, or intimidate is proven.

Community Voices: A mixed response

The announcement has drawn diverse reactions from Ugandans across the country.

Abalo Joyce, a market vendor in Lamwo, welcomed the clarification: “People should settle matters of the heart at home or in courts through divorce or mediation. Making adultery a crime just filled prisons with personal problems.”

Rev. Franco Magellan Ocan, a religious leader in Kitgum, expressed concern: “While we respect the law, this may weaken the moral fabric of our communities. We must still teach faithfulness in marriage, even if the law no longer criminalizes adultery.”

Moses Opio, a boda-boda rider in Lamwo, was more pragmatic: “If someone finds another man in his house and they entered without permission, then yes, that’s trespass. But people shouldn’t go to jail just for cheating. Solve it in court or at home.”

Legal and human rights perspective

Adultery laws had long been criticized for their gender bias, disproportionately targeting women and infringing on the right to privacy.

The 2007 Constitutional Court ruling that struck down the adultery law cited violations of Article 21 of the Ugandan Constitution, which guarantees equality and freedom from discrimination.

“This clarification helps the public and the police avoid misapplying the law,” said Charles Balmoi Opio, a Kitgum-based Uganda human rights Commission officer.

“We must continue moving toward a legal system that respects privacy, upholds human dignity, and treats women and men equally under the law.”

Meanwhile, Amina emphasized that adultery is no longer a criminal offence in Uganda because, in 2007, the Constitutional Court ruled that the provision in the Penal Code Act criminalizing adultery was unconstitutional, as it discriminated between men and women.

However, adultery can still serve as valid grounds for a civil case such as divorce or the determination of child custody and property division, she said.

Additionally, in situations where a person is found committing adultery within someone’s home, the matter may be pursued under criminal trespass laws.

UHRC to launch awareness campaign

The Uganda Human Rights Commission has indicated plans to partner with local media and civil society to educate the public about the legal change, how criminal trespass is defined, and how couples can seek legal or social remedies in cases of marital conflict.