rape, stating that it was only upon his arrival that his
companions informed him that they had forced sexual
intercourse with the victim;
Whereas, according to article 131-4 of the Penal Code, "is
an accomplice to an action qualified as a crime or
misdemeanour, anyone who has knowledge of an attempted
crime or already committed does not, while it was still
possible to prevent or limit its effects or when it was thought
that the culprits or one of them would commit new crimes
that a denunciation can prevent, immediately notified the
administrative or judicial authorities”.
Whereas it has already been demonstrated that rape
occurred; whereas O.I had knowledge of this crime and did
not denounce it to the authorities; better yet, he took an active
part in humiliating the victim since he was the one who
brandished the victim's underpants with a dagger and started
filming; that he continued filming the action in which his
companions forced the victim to wash her blood-stained
loincloth and the other action in which they beat her, tore her
clothes while she was trying to flee; that it is still O.I who
told the rescuer to go back home under the pretext that
nothing abnormal was happening;
That the charges of rape for which O.I. is accused should
be reclassified as complicity in rape and that he should be
found guilty of it;
2- Sentence
Whereas according to article 533-10 of the Penal Code,
"accomplices to a crime or misdemeanour are punished as the
perpetrators of the crime or misdemeanour unless the law
provides otherwise.
Rape is punishable by imprisonment for 7 (seven) to 10 (ten)
years and a fine of CFAF 600,000 (six hundred thousand) to
CFAF 2,000,000 (two million)”;
Whereas O.I. has acted with discernment in view of the
fact that, through his behaviour, he condoned the rape
committed by his companions and that he himself filmed the
circumstances subsequent to this crime; whereas it should be
noted that the violence of a certain barbarity that followed the
rape reveals the dangerous personality of O.I.; whereas,
5