COURT OF APPEAL OF ABIDJAN 2nd CORRECTIONAL CHAMBER JUDGMENT W19 / 2013 OF JANUARY 09, 2013 OFFICE OF THE PUBLIC PROSECUTOR Versus B.H. Sexual harassment / - Prosecution - Facts constituting assault - Condemnation of the accused of assault. The accused, prosecuted for acts of sexual harassment, must be declared guilty for assault and convicted, since the facts charged to him are in reality, constituting assault. THE COURT Considering the correctional judgment of the Court of First Instance of Abidjan / Plateau dated July 07, 2009, ruling in the case Public Prosecution Vs B H; Considering the appeal raised against the said judgment by the above named; That Mr. OUATIATA SIRIKI in his report; That Mr. Advocate General in his requests; Considering the exhibits of the file; After having deliberated in accordance with the law; 1 / FACTS AND PROCEDURE According to judgment W2982 / 09 of July 07, 2009, the correctional court of Abidjan / Plateau, ruling in the matter of flagrante delicto, sentenced the accused B H. to 12 months’ imprisonment and 360,000F, for the acts of sexual harassment; By act W 809 of July 15, 2009, B H. appealed against the above judgment. It appears from the documents in the file that on June 29, 2009, Ms. C.M. lodged a complaint against the named B.H. for the acts of sexual harassment, stating that the latter claiming to be in love with her, followed her everywhere wishing her to marry him against her will. After her marriage, she added, B.H., still continued to want to live with her, began to disrupt her marriage life, to the point where she had to change churches in order to avoid him, but in vain. Tired, she had to file a complaint against him, in order to be able to live her quiet life. When questioned both at the preliminary inquiry and at the Court, B.H. did not dispute the facts brought against him, asserting that the complainant is his wife and that he will never allow any man to live with her, since she is her property.