John Senfuma the ‘peadophile-teacher’ may not see jail time - Lawyers


In the aftermath of the shocking incident involving John Senfuma, a teacher at Hillside College Mityana, legal experts are divided on the interpretation of the events and potential charges. Some lawyers argue that despite the disturbing circumstances, Senfuma may have a legal defense against the accusations of attempted defilement.

One advocate, Paul Namanya, took to Twitter to express his views on the matter, stating, "The condoms unused (no issue), 'sneaking' into a student's home (not an issue?), for sex? (no evidential value). Good luck trying to prove that. At most, at the time of 'apprehension,' even if he had the intention for sex, he hadn't acted upon it to amount to a criminal act."

Namanya suggests that the unused condoms and the act of entering the student's home may not be sufficient evidence to prove attempted defilement. He goes on to assert that the case may even turn in Senfuma's favor, potentially leading to charges of unlawful arrest and malicious prosecution.

However, the legal landscape becomes murkier when considering Section 386 of the Penal Code Act, which addresses attempts to commit criminal acts as crimes themselves. Unfortunately, the law does not provide a detailed description of the elements constituting attempted defilement.

Another lawyer, Tumuhaise Ferdinand of Kampala Associated Advocates, presents his legal opinion. He contends, "So attempted defilement suffices by mere possession of condoms and text messages: that means that 'flirting' is an offense." Ferdinand highlights the requirement of age in defilement cases, emphasizing that the victim must be below 18. However, he points out that the facts regarding the girl's age are not entirely clear.

Ferdinand adds, "For attempted defilement to occur, he must have done all that is necessary and is only prevented from doing the actual act. Otherwise, possession of condoms and text messages is mere preparatory. See how judges interpret attempted defilement."

The legal discourse surrounding this case is likely to continue evolving as the investigation unfolds. The intersection of intent, preparation, and the legal definition of attempted defilement remains a complex and contentious issue, raising questions about the adequacy of existing legal frameworks in addressing such cases.

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