the hymen, adding that the claimant for civil damages had
also accused another person who escaped;
That they concluded that there was a problem of liability
and consequently pleaded for annulment of the judgment
and the acquittal of the accused, due to the benefit of the
doubt;
Consequently
Considering that within the meaning of article 320 of the
Penal Code, rape is understood as "any act of sexual
penetration, of any nature whatsoever, committed on
another person by violence, coercion, threat or surprise";
That article 320 bis of the same Code punishes as
pedophilia, "any act, touching, caressing, (...) for sexual
purposes on a child less than sixteen years of age of either
sex";
Considering that the materiality of the sexual penetration,
as well as of the pedophilia, exercised on ... is sufficiently
established both by the analysis report of February 27,
2019, and by the medical certificate established on March
5, 2019, which concluded, after medial check of the
patient, to a not recent defloration;
Considering that at all stages of the proceedings, including
the appeal, the accused has consistently denied all the
facts;
That in the same vein, to check his statements, the court
proceeded to ordering medical expertise to confirm the
accuracy of the statement that since 2014, he cannot have
sexual relations due to diabetes;
That the report of Prof… head of the urology-andrology
service of CHU Le DANTEC concluded as follows:
“Diabetes can be complicated by erectile dysfunction
especially if it has been going on for a long time and is
poorly treated.
Mr ... did not present to us the document stating that he
had diabetes in 2014.
Mr ... does not present the clinical examination of lesions
that could suggest erectile dysfunction. Any erectile
dysfunction whatever the cause observed to date does not
in any way indicate erectile dysfunction in 2014”;
Considering that such a report in no way informs the court
about the existence at the time of the facts of the erectile
dysfunction alleged by the accused, or at least about the
date of the erectile dysfunction mentioned by the expert ;