International Crimes Court Convicts Teacher Over Defilement, Rape

The International Crimes Division of the High Court in Kampala has convicted Junior Tukwasibwe a Teacher from Kabale District of child trafficking, rape and defilement. 

Tukwasibwe was found guilty by the Court presided over by Justice Richard Wejuli Wabwire for the crimes he committed under his unlicensed  Community Based Organisation called Educate a Child Street Children Uganda, based in Kabale. The organisation operated between 2013 and 2018 as a Children's Home before Tukwasibwe was arrested. 

Prosecutors led by Chief State Attorney Joseph Kyomuhendo informed the Court that Tukwasibwe, a social worker and teacher, allegedly used the promise of educational sponsorship and shelter to attract vulnerable children into his care.

Rather than providing a safe and supportive environment, Kyomuhendo told the court that Tukwasibwe operated an unregistered children's home, which also served as his residence, an arrangement that facilitated abuse.

The prosecution further indicated that Tukwasibwe committed multiple acts of sexual abuse, including rape and aggravated defilement.

These incidents reportedly took place at his residence, in hotels across Kabale, Kisoro, and Ntungamo Districts and at times he would reportedly Sexually abuse some of his victims in his vehicle. 

The prosecutors said Tukwasibwe used family planning pills/injections on some of his victims and threatened that they would lose sponsorship if they didn't give in.

The records before the Court indicate that the most severe incident occurred in August 2018, when one of the victims was 19 years old.

The court has heard that Tukwasibwe arrived at her home early at 6:00 AM, while the mother's victim was away, he convinced her to accompany him under the pretence of shopping for his organisation.

" Instead, he drove her to Kirigime Guest House in Rushambiya cell, Kabale district, taking a detour from the main road. At the guest house, he led her into a room, which was locked from the outside by an unknown", reads the evidence. 

That Tukwasibwe removed his trousers and attempted to force himself on her. When the victim resisted and threatened to scream, he covered her mouth, used force to undress her, and proceeded to rape her.

"She explicitly stated she did not consent and felt pain during the act. Afterwards, he threatened to expel her from the organisation and have her killed if she disclosed the incident. He then gave her 30,000 Shillings and dropped her off at a location where her cultural group was training", reads the documents. 

According to Justice Wejuli Wabwire, these actions, repeated demands for sex in exchange for assistance, reduction of support as punishment for refusal, and the forceful sexual assault in 2018, constitute lascivious conduct alleged by one of the victims against Tukwasibwe Junior, as described in her testimony.

Accordingly, Tukwasibwe has been convicted of six offenses including rape, aggravated defilement and child trafficking and trafficking in person based on the evidence presented by the Prosecution witnesses. 

The Judge found that the evidence was sufficient to sustain those charges to show that it was consistent and never challenged that Tukwasibwe participated. 

The Judge also ruled that the Children's Act establishes a commitment to a regulatory framework to prevent unregulated facilities from exposing children to neglect or abuse. 

"The evidence of poor conditions in the accused's facility,  stuffy, overcrowded rooms and children cooking their meals without supervision, highlights the risks of non-compliance, reinforcing the need for ministerial oversight", added Wejuli Wabwire. 

Tukwasibwe was also acquitted of seven other related crimes for lack of evidence. They are aggravated trafficking in children, two counts of aggravated defilement and one count of rape.

He will be sentenced on June 24th.