CASE RPA 0120/15 / HC / MUS Page |3 8. Article 190 of Organic Law Nº 01/2012 / OL of 02/05/2012 establishing the Penal Code states that child defilement means any sexual intercourse or any sexual act with a child regardless of the form or means used. The meaning of this article is different from the definition of rape of an adult person defined by Article 196 of the above Organic Law Rape as causing another person to engage in a non-consensual sexual intercourse by using force, threat or trickery. 9. It appears that child defilement occurs when the victim is a child before the age of 18 regardless of consent or trickery by the child. In the same line, legal experts such as General LIKULYA Bolongo have explained that a child under the age of majority cannot make an informed decision. He stated that,”is considered to be sex with violence the mere fact of rapprochement of sex with a girl aged or apparently aged 16 years, on the grounds that a girl of that age is incapable of giving free and informed consent.” (Général LIKULYA BOLONGO, droit pénal zaïrois, LGDJ, Paris 1976, P 112). 10. The Court finds that the grounds given by KAREMERA Valens that his sentence should be reduced because he had consensual sex with the girl who tricked him are unfounded because a child under the age of 18 cannot make an informed consent. Therefore, KAREMERA Valens could no longer have his sentence reduced because the High Court had reduced his sentence in accordance with Articles 77 and 78 of Organic Law Nº 01/2012 / OL of 02/05/2012 establishing the Penal Code. III. COURT DECISION 11. DECLARES that the appeal filed by KAREMERA Valens is unfounded. 12. DECLARES that the judgment No. RP 0055/15 / TGI / MUS passed by the Musanze High Court on 23/03/2015 is unchanged. 13. ORDERS that KAREMERA Valens be exempted from paying the costs of the proceedings because he is in custody. ISSUED AND READ IN PUBLIC ON 23/10/2015. JUDGE BADARA Léonidas REGISTRAR NSANZITEGEKO Venant