BOUAKE COURT OF APPEAL KORHOGO COURT OF FIRST INSTANCE ODIENNE COURT SECTION JUGMENT No05/2013 OF 31 JANUARY 2013 THE PROSECUTOR VERSUS S.L 1/ Violation of moral norms – Sexual indecency – Sexual indecency committed with violence on a 13-year-old minor – Elements Conviction. 2/ Sexual indecency - Victim- Civil action - Constitution of civil party. 1 / All the facts give probative force to the accusations of the victim, and the accused must be declared guilty of the accusations charged against him, once they are established. 2 / It is necessary to give notice to the victim's sister with regard to the civil action, since she has declared that she does not want to become a civil party. THE COURT Whereas according to the interrogation report in the event of flagrante delicto of 9 July 2012, S.L appeared before the criminal court of this jurisdiction on account of having committed in Odienne, during the month of November 2012, a sexually indecent act with violence on a thirteen-year-old minor. These offenses are provided for and punishable by articles 355 paragraphs 2-3 and 359 of the penal code. Whereas it appears from the preliminary investigation report of 25 February 2010 that G.P lodged a complaint against S.L, whom he accused of acts of sexual indecency perpetrated on his thirteenyear-old daughter R.L. That in support of the complaint, R.L said that while she was watching a football match at a stadium, SL, one of the teachers at the school she was attending, offered to drive her to school in order to give her a document which had been distributed to pupils a few days earlier. That the accused rather led her into an unfinished house, threw her to the floor and introduced his penis into her genitals, before using a knife to threaten her with death if she revealed her misadventure to her grandmother. That she kept this secret until she contracted an infection in her genitals and was to be taken to the hospital. 1

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