DALOA COURT OF APPEAL
DALOA COURT OF FIRST INSTANCE
SASSANDRA SECTION
JUDGMENT No 469/14 OF THUIRSDAY 28 AUGUST 2014
THE PROSECUTOR
VERSUS
M.S
1/ Violation of moral norms - Sexual Indecency – Sexual indecency committed with violence
on a minor below 15 years – Elements - Conviction.
2/ Sexual Indecency – Minor victim – Civil action - Constitution of civil party by the mother on
behalf of her daughter – Justified action – Sentence on compensation and damages.
1/ The accused must be declared guilty of the acts of sexual indecency committed
with violence on a minor aged below 15 years (04 years) and sentenced, as it stems
from the declarations of both the victim and the accused himself that she was naked
in her room watching a pornographic film; that the victim describes in great detail the
circumstances of the indecent assault, even if the medical certificate attests that there
are no signs of sexual assault committed.
2 / The constitution of civil party is founded and the accused must be condemned to
pay damages, since the mother of the victim has opted to be a civil party and has
claimed damages.
THE COURT
Considering the file of the case against M.S on the count of sexual indecency
committed with violence on a minor below the age of 15 years in San Pedro, during
the year 2014;
Listening to the explanations of the accused;
The requisitions of the Prosecutor;
The defense of the accused;
And after having deliberated in accordance with the law;
According to the interrogation report in the event of flagrante delicto of the Resident
Substitute for the Sassandra Court dated August 20, 2014, M.S. was brought before
the Trial Court on account of having committed sexual indecency with violence on
D.M, a young girl aged below 15 years old (04 years), in San Pedro, in the judicial
district of Sassandra, during the year 2014;
Offence provided for and punished by articles 355 paragraphs 1 and 2 point 3 and 359
paragraph 2 of the penal code;
On August 13, 2014, Madam Z.B seized the San-Pedro General and Criminal
Investigations Brigade with a complaint against MS for sexual assault on a minor
under 15 years old (04 years old);
In support of her complaint, she explained that on August 12, 2014 at
around 12 noon, back from the market, she went to pick up her
daughter, whom she had entrusted as usual to the shopkeeper, MS
who is also her neighbor;
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