In its requests, the Prosecution asks, without other justification about its appeal, the pure and simple confirmation of the decision. The Court, aware that according to the law number 009/001 of January 2009 concerning the protection of children in the DRC, a child is any person under the age of 18, as is the case with the current victim. In its article 171, the same law stipulates as “rape of children, every man that introduces his sexual organ, even superficially, in that of a child”. In the present case, it follows from the confession of the accused in front of the Prosecutor, the 1st judge and the Court of Appeals that the accused had sexual intercourse with the victim. His allegations of ignoring the victim's age do not hold because when describing the events on the 11 th April 2012, in front of the 1st judge, the accused recognized that his older brother FISTON HUNGU had argued with him saying “you must take the child”, the victim, “back to her parents' house”. As if saying that the victim's appearance was simply that of a child. Add the fact that she was a student of the 3rd secondary year. Thus, falling upon the accused to present in appeal evidence to the contrary to the age stated by the female victim, the Court finds that, by sentencing him, the 1st judge enacted the law and his work shall be confirmed in all its dispositions. THEREFORE The Court, judiciary section, Adjudicating after the public and due hearing of both parties, having heard the Prosecution Receives the Prosecution's appeal and finds it unfounded, confirms the previous judgement in all its dispositions, sentences the accused to paying the proceedings' fees within the legal deadline or face 30 days of detention. Thus decided and pronounced by the Appeals Court of Bukavu, in its Public Hearing of the 26th September 2013, in which were seated the Magistrates VICKY TSHIBOLA President of the Chamber, LUKUKA KALOMBE ROBERT and ALBERT KIMBONGILA NDUAKULU Advisors ,in the presence of SPG KAHINDO M.OMP, with the assistance of SAFARI CHIHIGA Court's Clerk. Clerk Advisors President of the Chamber