DALOA COURT OF APPEAL
2ND PRE-TRIAL CHAMBER
JUDGMENT No158 OF 21 MARCH 2013
THE PROSECUTOR
VERSUS
1/ Z.I
2/ Z.B
Violation of moral norms – Sexual indecency - Sexual indecency committed
on a 15-year-old girl – Victim subjugated using threat.
By confirming the conviction of the defendants, the first judges made a good
assessment of the facts, considering that, to achieve their goal of sexually abusing
their victim, one of the defendants persuaded her to accompany him into the school
compound, and coerced her with a knife into having sex with him and his friends.
THE COURT
Having regard to the documents in the file for the proceedings;
Having listened to the Prosecutor;
Considering the statement of facts, procedure, claims and arguments of the parties
and the motives below;
After having deliberated in accordance with the law;
ACCUSATION
Zl and ZB were brought before the Daloa Criminal Court, following the
flagrante delicto procedure, on the accusation of having in Daloa, 23 April,
2010, committed a sexual offence with violence;
With these circumstances that the aforementioned offence was committed on
a 15-year-old girl with the help of several persons;
Offence provided for and punishable under articles 355 points 2 and 3 and
359 of the penal code;
FACTS AND PROCEDURES
On 27 April, 2010, ZG, accompanied by his daughter GC, seized the Daloa city
gendarmerie brigade with a complaint against ZI, GG, BS and KH for having
sexually abused his daughter, aged thirteen (13) years;
He explained that on the night of 23 April, 2010, his daughter was sexually
abused, as attested by the medical certificate dated 26 April, 2010, by the
aforementioned while she was returning from a funeral vigil held in the
neighboring village of Bébouo;
1