the victim to bed before imposing her intercourse with him and stressed that he surrendered
for fear of assault from him;
That he justified his act by the strong desire which he had the day of the facts to have intimate
relations;
That heard during the judicial information, SOUMAHORO Fanta affirmed that following the
refusal of his sexual advances, FANNY Seydou had threatened her with death and ensured her
that her cries would be ineffective because no one would come to her help;
That subsequently, she continued, he was holding her by the throat before leading her to take
off her own underwear to penetrate her with her penis;
Considering that referred to this court, FANNY Seydou did not vary in his confession by
reiterating that, not wanting not indulge in adultery, he had made requests to his family to
have a concubine, which efforts did not have a happy outcome because of his paternal parents
were hostile to him;
That he maintained that the motive for his act lies in the strong desire which animated him
that day to have intimate relations because he had spent thirty years without sexual
intercourse;
That he confirmed that it was he who had removed the victim's clothes before making her lie
down on a bag she was holding and signified that he had not used any physical violence on
her;
That he specified that she had given in because she was afraid because of her body compared
to his;
That Public Prosecution, in its submissions, asked to convict the accused for the impugned acts
of rape prosecuted and sentence him to twenty (20) years of imprisonment as well as to the
costs;
Considering that, Lawyers KONE Catherine, counsel for the accused, pleaded for the mercy of
the Court on the ground that not only his client used only moral constraint but also he acted
under the weight of his impulses;
That she submits that her client had constantly acknowledged the facts against him from the
preliminary investigation to the bar of the tribunal;
REASONS
A- In the form
Considering that the accused FANNY Seydou appeared at the bar and gave his version of the
facts; That it befits to rule, after trial, with regard to him;