Judgement RPA 11.704: Prosecutor against the accused Mbombo Keyi John
In a statement made and registered at the Registry of the Court of First Instance of
Kinshasa/Matete on the 19th February 2010, Advocate MPIANA KABUMBU, Lawyer at the
Bar of Kinshasa/Matete and holding special powers of attorney given to him on the 18th
February 2010 by the accused MBOMBO KEYI John, appealed the judgement pronounced
on the 3rd February 2010 by the above mentioned Court of First Instance, filed under R.P.
9957, which after having established both in fact and in law the offense of rape with resort to
violence awarded to the accused MBOMBO KEYI John, sentenced him to 5 years of
imprisonment as well as to paying a fine of 100.000 Congolese Francs within the legal
deadline of face 10 days of detention; It also sentenced him to the payment of the
proceedings' fees within the legal deadline or face 10 days of detention; It ruled on the civil
interests and sentenced the accused to the payment of the equivalent in Congolese Francs of
the amount of 2000 USD;
Filed within the legal procedures and deadlines, the accused's appeal is in conformity with the
law and admissible;
In the public hearing of the 27th July 2011 in which this case was investigated and taken into
deliberation, the accused MBOMBO KEYI John appeared in person without being assisted by
a counselor;
The procedure taken is in conformity with the law;
The facts of the case have remained constant both before the first Judge and before the
Court and can be summarized as follows: On Sunday the 16th August 2009, around 1 or 2pm,
the accused met with Madame BWANGA MASHIMBA Marie with whom he got lost. They
decided together to visit the cabin where the accused lived; Madame BWANGA states that the
accused took the opportunity to rip off her underwear, throw her on the ground on a mattress
and rape her; When questioned, the accused denies the facts awarded to him but claims to
have had sexual intercourse with the full consent of Madame BWANGA; Such are the facts of
the present case;
IN LAW
The Prosecution indicts the accused MBOMBO KEYI John for rape with resort to violence
upon the person of Madame BWANGA MASHIMBA Marie on the grounds of article 170
paragraph 1st of the CPC LII as modified and completed by the law number 06/018 of the 20th
July 2006 regarding sexual-based violence; It follows from this legal disposition that the
offense of rape supposes three constitutive elements, namely: the sexual conjunction; the use
of violence and guilty intention;
The first element does not present a problem because the accused admitted having
consummated sexual intercourse with BWANGA Marie more than once; Regarding the
second element, the victim claims that the accused forced her to have sexual intercourse
without her consent, namely by ripping her underwear off, slapping her on the thighs and