II. GROUNDS FOR THE DECISION; A. Competence of the Juvenile Judge Whereas, according to article 2 of law No. 0152014/AN on the protection of children in conflict with the law or those in danger, a child is defined as any human being under the age of 18 (eighteen); whereas article 18 of the same law, states that the juvenile judge is competent to hear contraventions and offences committed by the child; Whereas in this case, it emerged from the debates at the hearing that O.M was born in 1999 in Pélé/Oula; that pursuant to article 2 paragraph 3 of the abovementioned law, it is appropriate to say that his date of birth is December 31, 1999; that between this date and June 16, 2014, date of commission of the acts, less than 18 (eighteen) have elapsed; that it is appropriate to say, within the meaning of the aforementioned law, that O.M was a minor at the time of the acts; that consequently, he must be tried by the Juvenile Judge; B. Prosecution 1. Guilt Whereas O.M is being prosecuted for acts of rape; Whereas, according to Article 14 of Law 0612015/CNT on the prevention, punishment and reparation of violence against women and girls, and the support for victims, is guilty of rape and is punishable by imprisonment from 5 (five) to 10 (ten) years, any person who commits by violence, coercion or surprise, an act of sexual penetration of any kind whatsoever on a woman or a girl; that this provision therefore states that the offence of rape, to be established, requires the combination of a material element of sexual penetration, the exercise of violence, coercion or surprise, and guilty intention; Whereas, in this case, O.M acknowledges that he forced the victim to lie on a mat that he had previously established by terracing her: it is appropriate to conclude that there was no consent of the victim; Whereas he also admitted having introduced his penis into the victim's vagina after having subdued her; whereas it is appropriate to conclude that O.M used violence to sexually penetrate his victim: that thus, the material act of sexual penetration and the use of violence are found against him;