Whereas D.G. constantly maintained that her adoptive father, O.S. had
sexual intercourse with her four times, and each time using violence to achieve
his ends;
Whereas the certificate issued on October 18, 2012 by Doctor D.W.S.D,
Deputy Medical Officer for the Diourbel health district, reports a recent
deflowering and an evolving mono-fetal pregnancy of 17 weeks confirmed by the
echography carried-out the same day;
That thus, it turned out that D.G. underwent sexual penetration which she
attributes to the defendant O.S;
While it is true that D.G. did not spontaneously denounce the acts of rape
which she underwent, and they were discovered because of her change in
morphology due to her state of pregnancy. However, the formal and constant
declarations she made were not seriously contested by the defendant O.S;
That in fact, she declared that the defendant sexually penetrated her on
several occasions; first, the act happened at home in the absence of her mother
and her sisters, before continuing at the farm where she suffered sexual assault on
three occasions by the accused after the children had left, and each time, the
accused used violence to satisfy his sexual desire;
Whereas the defendant is contented simply with systematic denials while
accusing D.G. during the investigation of being a girl of poor morals; before
changing his mind at the bar of the court where he remarked that such acts were
reported to him without however specifying the source;
Moreover, the defendant talks of a plot hatched against him by D.G. and
his mother D.F; however the thesis of a settling of scores cannot succeed since no
reason has been put forward to justify such claims, besides the fact that D.F. had
maintained never having had a problem with her husband;
Therefore, in view of the above, the offense of rape is established;
however the proof of the authority of the defendant over the victim D.G. has not
been reported;
That it is therefore appropriate to disqualify the accusation of rape of a
minor by a person with authority over the minor, to declare O.S. guilty and to
sentence him to 02 years of imprisonment;
On civil interests:
Whereas D.F, person with civil liability over D.G, became a civil party
and did not make any claim;
It is therefore necessary to so acknowledge;