BOUAKE COURT OF APPEAL BOUAKE COURT OF FIRST INSTANCE TOUMODI COURT SECTION JUDGMENT No 423/2013 OF 13 NOVEMBER 2013 THE PROSECUTOR VERSUS O.M 1/ Violation of moral norms – Sexual indecency –Sexual indecency committed on a 10-year-old girl - Elements - Conviction 2/ Sexual indecency - Victim – Civil action - Constitution of civil party Condemnation of the accused to pay damages. 1/ The accused is guilty and must be sentenced, as the victim's statements are corroborated by the doctor's findings in his medical certificate that the accused has agreed to reimburse the medical costs. 2 / The accused must be condemned to pay the damages, as the elder sister has constituted a civil party on behalf of her sister. THE COURT Considering the documents of the proceedings against O.M on the count of sexual indecency on a 10-year-old minor; Considering the witnesses in their statements; The accused in his explanations; The Prosecutor in its requisitions; The accused having had the floor last in his defense; Whereas according to the interrogation report in the event of flagrante delicto dated 08 November, 2013, OM appeared before the criminal court of this jurisdiction to answer to the accusation of sexual indecency on a minor of ten (10) years; That these offences are provided for and punishable under article 356 of the penal code; Whereas it emerges from the file that on 6 November, 2013, Ms SM seized the police station of the 2nd District of Yamoussoukro with a complaint against the above-named person whom she accused of having committed sexual abuse on her younger sister, ten (10) years old; That she explained in support of her complaint that on 1 November, 2013, she noticed that her sister was having difficulty walking; That when questioned to understand the reasons for such an attitude, the latter 1