explained that C.P had explained to him that he had wooed the
victim without success. The idea had then occurred to them to
come up with a plan to lure her into their house. On her return
from the bush, they pretended to want to pay for wild grapes that
she was carrying on a plate. Once she had reached their level, he
grabbed her and with the help of C.P, they took her forcibly to a
room where C.P was forcibly having sex with her.
C.P, in turn, denied the facts against him. He maintained that he
had never forced sexual relations with S.B. However, he
admitted that he was helped by C.A to drag her forcibly into
their room and then tried to penetrate her. He reportedly gave up
on his operation when the victim begged him not to, as she was
menstruating and showed him her blood-stained pants.
Nevertheless, the accused were taken to the State Counsel of
Faso at the Ouagadougou High Court, who prosecuted them
both for the charges of indecent assault on a minor over 15
(fifteen) years old. Before this authority, the accused each
maintained the acts as they had been established during the
preliminary investigation. C.A stated that he had in fact helped
C.P to drag SB into a room where the latter was forcibly having
sexual relations with her. C.P, on the other hand, maintained that
he did not have sexual relations with her because, after he had
suggested it, she had explained to him that she was menstruating
and on this basis he let her leave without C.A having
participated in anything. He stated that he did not even
understand why C.A stated the opposite.
Summoned before the Ouagadougou High Court to answer for
these charges, they all maintained the same version.
II. PROCEDURE
1. Prosecution
Whereas C. A. and C. P. are all prosecuted for indecent assault
on a minor over 15 (fifteen) years of age; Whereas Article 411
of the Penal Code states that an indecent assault is any act of a
sexual nature contrary to morality committed directly and
intentionally against a person with or without violence, coercion
or surprise ; That according to article 414 of the same Code, any
indecent assault committed or attempted with violence, coercion
or surprise against persons of either sex is punishable by 1 (one)
to 3 (three) years' imprisonment;
Whereas in the case at hand, the accused deny the charges of
indecent assault, and none of them admit to having had sexual
relations with S. B.; whereas C. A. consistently acknowledged
throughout the proceedings that he had assisted his acolyte C.P.