given her consent, this could only have been out
of her senses; that as for the rest, the Accused
himself acknowledged that the victim resisted
him at first when he started penetration; that
based on this, the argument of the Accused
according to which the sexual intercourse was
consensual is ungrounded; that consequently, the
lack of consent of the victim is established;
Whereas for the moral aspect of a rape to
be qualified, it should be established that the
rapist, at one point, consciously kicked against
the will of the victim, and, on the other hand, that
he consciously executed a sexual act;
Whereas as it is, the Accused
acknowledges that he acted out of his own free
will, freely and consciously to satisfy his sexual
needs; that to this end he used his penis which he
introduced into the vagina of the victim; that the
sexual aspect of his action is definitely obvious;
that in the light of what has just been said, the
moral aspect of the rape is established against the
Accused Tall Aliou;
Whereas all the constituting aspects of
rape are gathered against the Accused Tall Aliou;
that it would be proper to conclude that the full
trial of 19 January 2020 yielded enough evidence
incriminating him for the rape in Kelembali on 18
January 2020, in any case, less than 3 (three)
years ago of Belem Afissatou; that it would be
appropriate to find him guilty and pass a verdict
against him;
B- SENTENCE
Whereas Tall Aliou has been found guilty
of rape; that pursuant to article 533(10) of the
Penal Code, he is liable to be sentenced to seven
to ten years’ imprisonment with a fine between
CFA F 600,000 (six hundred thousand) and
CFA F 2,000,000 (two million); that according to
article 216(1) of the Penal Code, within the legal
framework, the jurisdiction orders the sentence
and sets its range depending on the prevailing
circumstances of the offence and the personality
of the Accused; that besides, pursuant to the last
subsections of article 217-4 of the same code,
where the law provides for imprisonment and
payment of fine, the court can reduce both or just
one of them;
Whereas as it is, it would be proper to
point out that from documents of the case file,