The Amuru Grade One Magistrate’s Court has sentenced a woman to a 46 month jail term (approximately 3 years and three months) for a negligent act which is likely to spread infectious disease contrary to section 171 of the Penal Code Act.
Ms Evelyn Acayo, a resident of Owee village, Amuru Town Council in Amuru district was sentenced on Friday afternoon by Mr David Okot, the Amuru Grade One Magistrate.
Acayo was arrested in the morning of January 23, 2015 after she was found in the house of an underage boy who is mentally ill.
The father of the minor, Mr Livingstone Obote dragged her to police after he found her inside his son’s hurt.
Acayo admitted to the offence and told court that they became lovers in December 2014 after the boy asked her to be his girlfriend.
She adds that she had no option but to succumb to his pressure leading to them having sex on the night of January 22, 2015.
But the father of the boy dismissed the claims saying his son who developed a mental problem in 2006 could not convince a woman since his speech is uncoordinated.
Prosecution led by Mr Ponsiano Okello told court that on January 22, 2015, Acayo, an HIV positive woman who is on life supporting Anti-Retroviral Drugs (ARV), engaged a minor who is mentally ill in a sexual intercourse.
Okello told court that, “Despite being in knowledge that she is on HIV positive, Acayo went ahead to have sex with the mentally disabled boy.”
According to the State Prosecutor, Acayo’s act of negligence could lead to the spread of an infectious disease.
In his ruling, Magistrate Okot said the convict was inconsiderate in her act because she knew that she is HIV positive.
Okot reminded Acayo that such offences carry a maximum sentence of seven years but he spared her by sentencing her to a 46 months jail term and asked her to appeal within 14 days if she is not satisfied with the ruling.
