When the victim of the offense is under the age of
sixteen, the maximum prison sentence will be
pronounced.”
“Article 320. -Any act of sexual penetration, of whatever
nature, committed on the person of another by violence,
coercion, threat or surprise is rape.
Rape is punished by imprisonment of ten to twenty years.
Notwithstanding the provisions of article 432, the culprits
will be punished with the above penalty, with no
possibility of reduction below the minimum:
- if it has resulted in mutilation, permanent invalidity or if
it is committed by forcible confinement or by several
people;
- if the offense is committed against a child under 13
years of age or a person particularly vulnerable because
of her state of pregnancy, his/her advanced age, or his/her
state of health having resulted in a physical or psychic
deficiency.
If the rape resulted in death, if it is preceded,
accompanied or followed by torture or acts of barbarism,
the culprit will be punished with life imprisonment,
without the possibility of reducing the sentence below
twenty years, notwithstanding the provisions of article
432.
Indecent assault committed with violence against an
individual of either sex is punishable by imprisonment of
five to ten years. If the indecent assault, specified above,
is committed against a person who is particularly
vulnerable because of her state of pregnancy, his/her
advanced age or his/her state of health which has resulted
in a physical or mental impairment, the prison sentence of
ten years will always be pronounced.
Indecent assault, even without violence, on an individual
of either sex is punishable by imprisonment of five to ten
years”.
"Article 320 bis. -Any gesture, touching, caress,
pornographic manipulation, use of images or sounds by
any technical process, for sexual purposes on a minor of
sixteen, of either sex, constitutes a pedophile act
punishable by criminal imprisonment of five to ten years.
If the act was committed by an ascendant or a person
having authority over the minor or if the victim is a child
under the age of thirteen or a person particularly
vulnerable because of his state of health having resulted
in a physical or mental impairment, the maximum penalty
will always be pronounced”.
“Article 321. - In the cases provided for in articles 320,
paragraphs 2 and 5 and 320 ter; the maximum of the
penalty incurred will be pronounced, if the culprits are
the ascendants of the person on whom the offense was
committed, if they are of those who have authority over
her, if they are of those who are responsible for his
education or his hired servants, or hired servants of the
persons named above, if they are officials or religious
leader, or if the culprit, whoever he is, has been aided in
the commission of the offense by one or several
persons”.
"Article 431. - In the event that a criminal penalty is
applicable to the fact which procured the things
concealed, the receiver shall be punished by the penalty
attached by law to the crime and to the circumstances of
the crime of which he will have been aware at the time
of the concealment. ".
“Article 432. - Unless otherwise expressly provided for
in the law, the penalties pronounced against the accused
person (s) found guilty in favor of whom the criminal
chamber has declared the attenuating circumstances will
be modified as follows:
If the prescribed penalty is that of life imprisonment, the
Criminal Chamber will apply the penalty of criminal
imprisonment for ten to twenty years or that of criminal
imprisonment for five to ten years.
If the penalty is that of criminal detention or civic
degradation, the Criminal Chamber will apply the
penalty of five to ten years' imprisonment or two to five
years' imprisonment.
In the event that the law specifies that the sentence of
life imprisonment will be compulsorily pronounced, the
Criminal Chamber will apply the sentence of twenty
years of imprisonment.
In the event that the law imposes the maximum of a
criminal sentence, if there are extenuating circumstances,
the Criminal Chamber will apply the maximum of this
sentence or even the immediately lower sentence”.
Art. 2. - In all the provisions prior to this law where the
penalty of forced labor is provided for, imprisonment is
substituted for it.
Art. 3.- The provisions of articles 6, 8, 19, 319
paragraphs 1 and 2 of the penal code are repealed.
This law shall be executed as law of the State.
Done in Dakar, January 10, 2020.