600,000 (six hundred thousand) to CFAF 2,000,000 (two
million), that under article 533-21, attempted rape is punishable;
Whereas, according to article 122-1, "the attempt
consists of an undertaking to commit a crime or offence,
manifested by unequivocal acts tending towards its
execution, provided that these acts were suspended or
failed to take effect only because of circumstances beyond
the control of the perpetrator"; that, according to the
provisions of this article, attempted rape involves
unequivocal material acts performed by violence, coercion,
surprise or threats aimed at sexually penetrating a living
victim of either sex, and the failure to carry out such
penetration as a result of circumstances beyond the control
of the perpetrator;
Whereas in the case at hand, T.D and O.E are accused of
having attempted to rape O.W.N; whereas these accused do not
contest the charges against them; that they respectively
explained to the bar of the Court that they had followed the
victim who, on the day of the events, was waiting for her twin
sister who was relieving herself towards the Head Office of the
Zood-nooma association, cornered her against a wall and then
began to touch her breasts; that when she resisted, they began to
hit her;
Whereas O.W.N explains that on the day of the
events, she accompanied O.W.N, her twin sister out of a
maquis called "galaxi plus" for her to relieve herself; that
on arriving towards the Head Office
of the Zood-nooma association in Kongoussi she stood a
little aside to allow her sister to relieve herself; that against
all expectations, the accused appeared in front of her; that
when one of them grabbed her by her back belt and
tightened it against her body, the other who positioned
himself in front of her was groping her breasts; that when
she succeeded in freeing herself from the hands of her
aggressors, she then ran towards her sister who was also
violated and struck down by another group of individuals;
the accused began to chase her by hitting her to the point
of breaking the screen of her branded Itel cell phone; that
they had to be rescued by S.G and S.N.R, all witnesses to
the events.
Whereas, on cross-reading the various statements made
before the court and the acts of the case, it emerges that
O.W.N was a victim of sexual touching by the accused; that
the latter acknowledge having actually held and touched the
breasts of the victim by force;