ABIDJAN COURT OF APPEAL
COURT OF FIRST INSTANCE OF ABENGOUROU
JUDGMENT W348 / 2013 OF 20 NOVEMBER 2013
OFFICE OF THE PUBLIC PROSECUTOR
VERSUS
B.B

Offence against morality - Indecent assault with violence - Elements - Attack on a minor of
fifteen-year-old-Conviction.
A constitutive element of indecent assault, the sexual act contrary to good morals is
perpetrated directly and intentionally by the accused. This offense was committed with
violence, when the aggressor threw his victim into the grass and firmly held her neck to stop
her from screaming. The victim being a minor of fifteen years, the accused must be declared
guilty and convicted for the facts he is charged of.

THE COURT
Considering the exhibits of the correctional file recorded in the Complaints Directory under the
number 471/2013;
After the accused presented his defense;
After the public prosecution made his submissions
And after having deliberated in accordance with the law;
OFFENCE
According to the interrogation report in the event of flagrante delicto dated November 12 2013,
B.B was brought before this Correctional Court under the offence of having in Abengourou, on
November 08, 2013, in any case for a long time non covered by the time limitation, committed
an indecent assault consumed with violence on the person of Y.B;
With this circumstance that the victim is less than fifteen (15) years old, precisely twelve (12)
years old;
These facts are provided for and punished by articles 355 paragraph 2-3 ° and 359 of the penal
code.
FACTS AND THE PROCEDURE
On November 8, 2013, around 9 a.m., Y.B, born on May 13, 2001, went to a dump located not
far from her place of residence to empty a trash. On the way back, she was caught by B.B who
threw her on the ground in the surrounding bush, tore the underwear she was wearing and
began to introduce his penis into the vagina of this girl of barely (12) years old. To stifle the cries

Select target paragraph3