Accused changed his mind denying the charges pressed against him; he argued that he had previously acknowledged the charges out of fear; when confused by the questions of the court, he finally made a confessional statement which concurred with those of the preliminary inquiries and the State Counsel of Faso; Before the submissions of the Legal Department, the victim, through her civilly liable person decided to claim for damages parallel to prosecution amounting to CFA F 500,000 (five hundred thousand); After parties were done presenting their arguments, and summarized the facts, the Legal Department requested that the charges of rape against the Accused be maintained and that he be sentenced to 10 (ten) years’ imprisonment with 3 (three) years suspended sentence and a CFA F 1,000,000 (one million) suspended sentence; The Accused got scared and apologetically asked for clemency; II- PROCEDURE A- PROSECUTION Whereas Tall Aliou is charged with the rape of Belem Afissatou as provided by article 533(10) of the Penal Code; which according to provisions thereof, for rape to be established, its material and moral elements should be established; Whereas the material scope of rape covers violence, threat, constraint or surprise with the sole purpose of having sexual intercourse with somebody; Whereas as it is, the above-mentioned Accused acknowledged while in court, to have chased the victim, caught her, forcefully lead her into the bushes; that while there, the thought of having sexual intercourse with her came to his mind; that he informed the victim of his desire; that she did not give any answer accepting or refusing; that he then decided to have sexual intercourse with her; that after struggling briefly, his victim finally gave in; that his sexual intercourse with the victim was consensual; Whereas the facts of the case allow us to determine that the victim did not consent; that in fact, by chasing the victim, catching her and forcefully pulling her into the bushes was constraining on the victim; that even if she had