and calls for help from his victim, B.B tightened her neck and threatened to kill her. Mr A.H, a
user of the same route, who witnessed the whole scene, was hampered in his attempt to help
the victim by the threats of the aggressor. Nevertheless, he was hurrying to the nearest post of
police unit and returned to the scene of the assault with police officers. These agents succeeded
in catching up with B.B who had fled following the intervention of agents of a private security
company. In their investigations, the police officers discovered on the ground a torn underwear
that Y.B was wearing, noted small wounds on the level of her neck and her shoulder.
When questioned, B.B specified that after having trained Y.B in the herbs, he tried but did not
succeed in introducing his sex into hers. Therefore, he decided to give up his business. It was at
this moment that a security guard arrived who beat him with a truncheon forcing him to flee.
For her part, Y.B produced in the proceedings file, the medical certificate dated November 08,
2013, issued to her by D.E, a Gynecologist-Obstetrician Doctor at Abengourou Regional Hospital
Center and an extract from his birth certificate.
REASONS
IN THE FORM
Considering that the accused appeared;
That it is necessary to rule by decision after trial;
ON MERITS
On the public action
Considering that B.B is accused of the acts of indecent assault consumed with violence on a minor
of fifteen (15) years;
Given that it emerges from the testimonies gathered and the statements of the accused that the
latter, by duress, laid bare Y.B by removing the latter's underwear, then he put his sex in contact
with that of the latter;
That this act, of a sexual nature contrary to good morals, carried out directly and intentionally by
B.B on the person of Y.B, constitutes an indecent assault; that this offense was committed with
violence, especially since the aggressor threw his victim into the grass and held firmly the neck
of the latter to prevent her from crying;
That in addition, it emerges from the examination of the extract of the birth certificate that Y.B,
the victim, was born on May 13, 2001; that consequently, she is a minor of fifteen (15) years;
That thereofore, the accused BB should be declared guilty of the acts charged to him and
punished with the penalties provided for by the laws;
Costs
Considering that the accused succumbs;
That it is appropriate to condemn him to pay the costs;
FOR THESE REASONS
Ruling publicly, after trial, in correctional matters and in first instance;