ABIDJAN COURT OF APPEAL COURT OF FIRST INSTANCE OF ABIDJAN PLATEAU ADZOPE SECTION JUDGMENT W 250 OF JUNE 19, 2013 OFFICE OF THE PUBLIC PROSECUTOR VERSUS B.C 1 / Offence against morality - Indecent assault - Indecent assault consumed with violence - Elements - Defendant having admitted the facts - Conviction. 2 / Indecent assault consumed with violence - Civil action - Civil party action (no) – Give notice. 1 / The accused must be declared guilty of the facts against him and convicted since he admitted to the fact of making the victim believe that she was sinking into darkness was not more than a simple trick so that he attracts her home to have sex with her. 2 / The elder brother of the victim having declared on behalf of the latter cannot be a civil party, it befits to give him notice as regards to the civil damages. THE TRIBUNAL Considering the documents of the procedure against the named B.C, 44 years old, charged with indecent assault consumed with violence on the person of K.A in Adzope on 06/06/2013; Considering the witnesses’ statements Considering the accused’s reply, Considering the request of the civil party; Considering the submissions of Public Prosecution, Considering that according to the interrogation report in the event of a fragrant offence dated 06/19/2013 of the Resident Substitute, the named B.C was brought before this Correctional Court to respond to acts of indecent assault consumed with violence on the person of K.A; Facts provided for and punished by articles 355al 1 and 359 al 2 of the penal code; Considering that it emerges from the preliminary investigation report that on 07 June 2013, K.A lodged a complaint with the Adzope police station against the named B.C for acts of indecent assault consumed with violence;