Mubiru’s alleged sex tape was exposed in the Ugandan media
Some LGBT activists have argued that a ruling finding Ugandan former football boss Chris Mubiru guilty of sodomy is actually a win for LGBT equality.
Earlier this week, a court in Kampala ruled that Mubiru was guilty on one count of sodomy but not guilty on another.
The key distinction is that the first case involved non-consensual sodomy.
His victim claimed that Mubiru drugged him before having sex with him in 2009. It was an accusation magistrate Flavia Nabakooza found to be true.
In the other matter, Mubiru was acquitted because, said Magistrate Nabakooza, the sex was consensual.
The ruling could therefore have the result of distinguishing between consensual and non-consensual gay sex. That’s a potentially groundbreaking outcome that could set precedent in Uganda.
Writing on Facebook, Ugandan LGBT activist Kasha Jacqueline said: “It’s very interesting (and a positive step) that the magistrate decided to innovate the law in this way. I’m looking forward to the full version of the case.”
She also commented: “Abuse is abuse. Perpetrators must face the law… the judge made that distinction very clear in the ruling.”
The Ugandan LGBT blog Sebaspace also praised the ruling “for the forward-looking precedent it sets.”
The author wrote: “Mubiru was NOT convicted of sodomy; he was convicted of the ‘forceful’ sodomy (rape)… and acquitted of consensual homo-sodomy…
“Chief Magistrate Nabakooza has made a most critical and timely distinction and her ruling is nothing if not welcome,” said the blog.
Mubiru’s bail was revoked and he will be sentenced on 18 September. He plans to appeal the verdict.
Mubiru, who has denied all the charges against him, was the subject of a 2012 “exposé” by the notoriously anti-gay Red Pepper tabloid, which published screen grabs it alleged were of a video of him having sex with a footballer.
The story was splashed on its front page with the headline: “SMOKED OUT! Uganda Cranes boss nabbed sodomising players – Shocking pictures inside.”