THE COURT Having regard to the exhibits of the file; Considering the interrogation of the accused; Considering the submissions of the Public Prosecution; Considering the defense of the Counsel for the accused; After having deliberated in accordance with the law; Whereas according to the report of interrogation of flagrante delicto of September 20, 2019., the Public Prosecutor charged XXX before the correctional court with the offence of having, in the jurisdiction of Pikine / Guediawaye, during 2019, in any case before the time limitation of public action, by unfair or unlawful means, collected personal data from xxx; To have, moreover, by threats or surprise, committed acts of sexual penetration on the latter; Facts provided for and punished by articles 320 and 431-19 of the penal code; In the form Whereas the action was submitted in the legal forms and timeline, that it befits to declare it admissible; On merits Whereas on September 9, 2019, xxx seized the Public Prosecutor with a complaint against xxx for unlawful collection of personal data and rape; That she explained that she was going out with her girlfriend xxx and that one day, xxx called her on the phone before inviting her; that she said she initially declined his invitation but ended up accepting; That she added that once on the scene, xxx abruptly locked the room before heading towards her with a roll of tape in his hand; That she indicated that the latter had sex with her while filming her with his cell phone; That xxx added that that since that date, under the threat of divulging the video, xxx had sexual relations with her; Whereas when questioned by the investigators, xxx admitted the offences by declaring to live in the same district as xxx, and that at a certain moment, she wanted to intervene on his relation with his girlfriend; That he explained, having thus proposed to her to visit him before having sexual relations with her; That he admitted having filmed the events with his phone and gave xxx the order not to interfere with his relationship with his girlfriend; He added that whenever he wanted to have sex with her he threatened to post the video on social media; that this therefore enabled him to achieve his goal; Whereas at the hearing, the Public Prosecution affirmed that the facts of the case are constant and required for this purpose a prison sentence of 05 years against the accused; Whereas the accused has however denied the facts which are reproached to him by declaring that it is xxx herself who asked that their sexual relationship be filmed and that she has always consented to the intercourse they had; Whereas the defense maintained that the civil party consented to the sexual relations and that the facts of the case are not constant; Thereupon