Ugandan authorities drop case against two women accused of kissing in public
Women had been charged under Uganda’s notorious Anti-Homosexuality Act
The LGBTQI+ Human rights fraternity in Uganda is celebrating a rare but significant legal victory following the decision by authorities to withdraw all charges against Wendy Faith and Alesi Diana Denise, who were arrested and charged in February this year for allegedly kissing in public in Arua City in northwestern Uganda.
76Crimes has not seen any written or verbal confirmation of this development, but Frank Mugisha, a leading LGBTQI+ human rights advocate who has been closely following the case, posted on X on July 15 that the office of Director of Public Prosecutions (DPP) Mr. Lino Anguzu permanently discontinued all charges against Wendy Faith and Alesi Diana Denise who were accused of violating the draconian Anti-Homosexuality Act (AHA) 2023, specifically Section 2(1) (2), which carries a maximum penalty of life in prison.
“The prosecution against Wendy Faith (Torrero Bae) and Alesi Diana Denise has officially been discontinued by Uganda’s Director of Public Prosecutions. The case had attracted international attention after the two were arrested over allegations of kissing in public and charges brought under Uganda’s Anti-Homosexuality Act. Finally, Wendy and Diana are free. Thank you to everyone who stood with them and supported them throughout this journey” Mugisha stated in the post, which shared reporting from The Guardian.
The announcement came on a day when Wendy and Diana were scheduled to appear in court.
The reasons behind the DPP’s decision are yet to be known.
Following their arrest on Feb 18, the duo spent more than a week in detention before they appeared in a local court on Feb 27 to face charges. They were granted bail, but their freedom was short-lived because they were re-arrested hours later. On March 16, Wendy and Diana appeared again in court and were denied bail. They were sent back to prison until April 8, when they were finally granted bail.
Sexual Minorities Uganda welcomed news of the withdrawal of a case that shocked human rights advocates in and outside Uganda prompting widespread condemnation.
“Today, we celebrate an important victory: Wendy and Diana are finally free. We extend our deepest gratitude to everyone who stood in solidarity, raised their voices, advocated, and supported Wendy and Diana throughout this journey. Your unwavering support made a difference,” SMUG said in a post on X.
Hans Senfuma, a Ugandan LGBTQI+ activist, led a long-running social media campaign calling for the release of the two women, and he celebrated their release.
“Wendy and Diana, the two young women from Uganda who were arrested because of a kiss are now free from persecution. Folks we won this,” Senfuma wrote on X.
Kuchu Times Media Group wrote in their Substack, that after enduring initial detention, being granted bail, facing subsequent re-arrest, and the looming threat of being forced into conversion therapy, the discontinuation of the case against Wendy and Diana marks a crucial victory for the LGBTQ+ community and human rights advocates in Uganda and beyond.
“We at KuchuTimes Media Group celebrate this important victory. Wendy and Diana are finally free from the threat of life imprisonment simply for expressing affection. We extend our deepest gratitude to everyone—local activists, international organizations, and global citizens—who stood in solidarity, raised their voices, advocated, and supported Wendy and Diana throughout this traumatic ordeal. Your unwavering support made a difference, proving that international pressure and collective action are vital tools in the fight for human rights,” the Kuchu Times Media Group wrote.
Human rights advocates are however saying that the two young women may be free but they are not safe in a country where the harsh Anti-Homosexuality Act remains in force and continues to be weaponized against presumed or known LGBTQI+ persons.
The AHA imposes severe penalties, including life imprisonment for same-sex relations and the death penalty for “aggravated homosexuality.” But the text of the law does not criminalize same-sex romance and does not mention kissing. Its definition of a same-sex “sexual act” is limited to intimacy involving “stimulation or penetration, however slight” of a person’s anus or sexual organ or oral sex involving a sex toy or sexual organ.
Lesbophobia Archive (@LesbophobiaRCPT), an online initiative that documents rights abuses against lesbians, noted that Wendy & Diana still face severe risks.
“This win will anger conservative Ugandans & may incite death threats or mob violence,” Lesbophobia Archive stated on X, adding that they are yet to raise enough money from the GoFundMe to find a safe place.
The victory has indeed angered homophobes, who have already started issuing threats.
Local politician Richard Job Matua was not amused by the news of their freedom from prosecution.
“I warn you that we are watching everything and will NOT hesitate to arrest those girls should they attempt to continue with that habit. Take it from me that we strongly reject homosexuality in Lugbara community,” he wrote in reaction to Mugisha’s post on X.
