ABIDJAN COURT OF APPEAL
COURT OF FIRST INSTANCE OF ABENGOUROU
JUDGMENT No 171/2014 OF APRIL 16, 2014
OFFICE OF THE PUBLIC PROSECUTOR
VERSUS
K.Y
Offence against morality - Indecent assault - Indecent assault consumed with
violence on a minor of 15 years old - Elements-Conviction.
The accused must be declared guilty and sentenced since he admitted to having
forced the victim to have sexual intercourse with him and even exhibited his sex,
not only to the victim, but also to the first witness, thus characterizing the facts
brought against him.
THE TRIBUNAL
Having regard to the documents in the case Rl23 / 2013;
Considering the defense of the accused, and the oral submissions of the Public
prosecution;
After having deliberated in accordance with the law;
Considering that following an order for re-characterization and referral to the
correctional police dated November 28, 2013, the named K.Y was brought before
this correctional court, charged with the offence of having, in Apprompron S / P
de Diamarakro, in The judicial district of Abengourou, on May 9, 2013, in any case
since time not covered by the statute of limitations, committed an indecent assault
consumed with violence on a minor under fifteen years;
That these facts are provided for and punished by articles 355-3 ° and 359 of the
penal code;
Considering that it emerges from the documents of the file of the procedure that on
May 13, 2013, the nurse of the village of Apprompron informed the district post of
Bettie that he had just received an 11-year-old girl, victim of sexual violence;
That during the preliminary investigation which ensued, Mr. AM, father of the
victim declared that his daughter had been raped by his employee, a Togolese
named KY, on Thursday, ascension day, when everyone was outside the
encampment, place of the facts;
As for the little K.E in question, she explained that she was in the toilet for needs
when the accused surprised her there;