[Sidenote: Rigorous penalties inflicted in Africa.] Many African
tribes repress sexual crimes by rigorous penalties, or did so until
their moral standard was modified by contact with Europeans.
[Sidenote: The Baganda, their punishments for breaches of sexual
morality.] Among the Baganda of Central Africa, “though death was
usually the punishment inflicted for adultery, an offender’s life
would sometimes be spared, and he be fined two women, if he were able
to pay them; the culprit was, however, maimed; he lost a limb, or had
an eye gouged out, and showed by his maimed condition that he had been
guilty of a crime. A slave taken in adultery with one of his master’s
wives was invariably put to death. Women were compelled by torture to
name their seducers; if the accused man denied the charge, the woman
was asked to describe some personal peculiarity of his, or some mark
on his body which could be identified; then if the man was found to
have the peculiarity, he was either fined or put to death. In order to
arrive at the truth, a man who denied a charge made against him was
sometimes stretched out with his arms and feet tied to stakes driven
firmly into the ground, a piece of barkcloth was then fastened about
his private parts, and set smouldering. As soon as the fire reached
his body, the pain became too great {65} to bear, and the man would
own himself guilty in order to be released from torture. He would then
be either killed or fined. An adulterer was called a murderer
(_musi_), because he was looked upon as a man who deliberately set
about to compass the death of the woman’s husband; either directly,
for he would go armed to visit the woman, and if he was disturbed, he
would not hesitate to strike; or indirectly, by offending the
fetiches. Men knew that, if they were caught in the act of adultery,
the penalty would be death, unless they were related to the person
wronged, in which case the latter might be willing to accept a fine,
and might content himself with mutilating the culprit. The worst
consequence to the injured husband was the anger of his fetiches and
gods, whose custodian was his wife. By her action the wife had
involved her husband in their displeasure; he was thus left exposed to
the malice of any enemy, and his danger was increased in the time of
war, because the gods had withdrawn their protection from him.”[65.1]
Thus among the Baganda adultery was regarded not simply as a civil
offence but as a sin, which brought down the anger of the gods, not as
we might expect, on the adulterer, but on the injured husband.
Further, the Baganda were divided into a number of totemic clans, and
members of any one clan were strictly prohibited from marrying or
having sexual relations with each other. “Sexual intercourse with a
member of the same clan (_kive_), or with a woman of the mother’s
clan, was punished by the death of both parties, because they were
considered to have brought the god’s displeasure on the whole
clan.”[65.2]
Public-domain text, read in full here on John Shaqi.
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