ABIDJAN COURT OF APPEAL
COURT OF FIRST INSTANCE OF ABENGOUROU
JUDGMENT N ° 429/14 OF OCTOBER 29, 2014
OFFICE OF THE PUBLIC PROSECUTOR
VERSUS
K.A
1 / Offence against morality - Indecent assault - Elements – Existence of sufficient charges: (yes)
- Accused - Guilty - Conviction.
2 / Offence against morality - indecent assault with violence - Prejudice - Reparation - Damages.
1 / The accused must be declared guilty of the acts of indecent assault and condemned, since
his victims have formally identified him and he has been described by his guardian as
accustomed to immodest behavior and other acts of indecent assault with regard to women
and that she herself was one of its victims; what recognizes the warned.
2 / The accused must be ordered to pay the victims damages, in compensation for their
damage, as soon as it is noted that the act of indecent assault with violence committed on
them, has undoubtedly caused them prejudice deserving to be repaired.
THE COURT
Considering the documents in the file of the case RP 441/2013 against K.A;
Considering the defense of the accused;
Considering the submissions of the Public Prosecution;
After having deliberated in accordance with the law;
FACTS AND PROCEDURE
According to the order of referral to the correctional police dated 27/05/2014, K.A appeared
before this Correctional Court for the offence of having, in Cissekro S / P Agnibilekrou, on October
15 and 16, 2012, in any case since time not covered by the statute of limitations, committed an
indecent assault consumed or attempted with violence on Y.C and Mss N.V;
Facts provided for and punished by articles 355 paragraph 1 and 359 of the penal code;
It results from the information that on 16/10/2012 and 17/11/2012, ladies N.V and Y.C seized
the Urban and Frontier Police Station of Agnibilekrou of a complaint against K.A;
Lady Y.C explained that on 15/10/2012, she was in her cassava field in Cissekro when the
aforementioned arrived there holding a knife and asked her to lie down on the ground so that
he could have sex with her; faced with her refusal, a struggle began between them, which she
lost;
She specifies that he was unable to sexually penetrate her, however, but threatened to return to