her family in Ouahigouya that very day;
When questioned, the victim OR claims that she has been in love
with SML since February 2019; that following her family's decision
to send her to pursue her studies in Ouagadougou, she planned her
return to Ouahigouya with him; that on January 31, 2020, the latter
came to Ouagadougou to pick her up and they reached Ouahigouya
through the Transport Company “Aorèma et Frères” (STAF); that
she spent 2 (two) nights at the home of SML before returning to the
family home in Ouahigouya; that she had consensual sexual
relations with the latter on several occasions; that she did not inform
any member of her family of her return to Ouahigouya because she
did not want anyone to know where she was;
When questioned, SML readily admitted the facts; he stated that he
rallied Ouagadougou to bring OR back to Ouahigouya on January
31, 2020; that he had sexual relations with OR and that he knew she
was 15 (fifteen) years old;
When referred to the Legal Department and then questioned
about charges of rape and statutory rape, SML admitted that
although he went to fetch OR to bring her back to Ouahigouya and
had several sexual relations with her, he did so with her consent;
Nevertheless, the State Counsel of Faso decided to prosecute him
for rape and statutory rape on the basis of articles 533-10 and 53218 of the penal code;
When heard at the bar, SML maintained his statements as made
during the flagrante delicto investigation and before the State
Counsel of Faso; Upon completion of the investigation, the Legal
Department, after summarizing the facts, requested that the rape
be reclassified as an indecent assault and that the accused be
maintained in the scope of this prejudice, as well as that of
statutory rape, and that he be sentenced to 24 (twenty-four)
months suspended prison term and an actual fine of CFAF two
hundred thousand (200,000); the accused, being the last to
speak in his defence, implored the leniency of the court; the court
then reserved the case for judgement to be handed down on May
6, 2020; on that date, the decision was handed down, for which
the following grounds were given:
II- PROCEDURE
A-PROSECUTION
1) Acts of rape brought against the accused
Whereas SORE Mohamed Lamine is being prosecuted for acts
of rape committed against OR, a minor girl; whereas Article 53310 of the Penal Code provides that "Any act of sexual penetration,
of any nature whatsoever, committed against another person by
violence, coercion, threat or surprise constitutes rape"; whereas
it follows that rape is characterized by the material act of sexual