Man remanded over raping wife

Entebbe- The Entebbe Chief Magistrate’s Court has remanded a man accused of raping his wife.

Mr Charles Atayo, 33, a resident of Nakigalala Village in Sisa Sub-county, Wakiso District, was on Friday remanded to Kigo Prison.
Mr Atayo allegedly committed the offence on June 24.

However, Mr Atayo, an employee of Madhvani Tea Estate in Kajjansi, denied the charge, saying: “I came with this woman from Arua in 2000 and we have been living together and we have three children. How could I have raped her then?”

He told the court that they had a domestic quarrel that resulted into a fight and his wife fled to her brother, who is a policeman residing in Mbuya Barracks and allegedly falsely accused him of raping her.

Chief Magistrate Joyce Kavuma said rape is a capital offence that can only be heard in High Court.

Mr Atayo was sent on remand until July 29 when he is expected to appear before the court for mention of his case.

The Marriage and Divorce Bill, which has been opposed by many people, proposes punishment for men who force their spouses into sexual intercourse (marital rape).

Law against rape

Under Section 123 and 124 of the Penal Code Act, The victim must have experienced unlawful sexual intercourse, the unlawful sexual intercourse was without the consent of the victim or with consent if the consent was obtained by force or by means of threats or intimidation of any kind or by fear of bodily harm or by means of false representations as to the nature of the act, or in case of a married woman, by personating her husband.
That the accused participated in the unlawful sexual intercourse and this offence entails maximum of death sentence.