penetration, the absence of consent of the victim and the guilty
intention of the perpetrator;
Whereas it follows from the facts of the case as presented at the
bar that the accused had sexual relations with OR; whereas,
however, these sexual relations were consented by the victim, as
she herself stated during the hearing; whereas, therefore, the
rape cannot be held against SML;
Whereas, however, it is common knowledge that OR was only 15
(fifteen) years old when she was courted by the accused who had
several sexual relations with her; that these acts are contrary to
good morals; that, moreover, the accused acted knowingly in the
sense that he denied having a relationship with the victim when
he was questioned by the victim's family; that these facts fall
under article 533-2 of the penal code which states that any act of
a sexual nature contrary to public decency directly and
intentionally exercised on a minor constitutes an indecent
assault; that SML should be found guilty of indecent assault;
2) Acts of statutory rape
Whereas SML is also prosecuted for acts of statutory rape;
whereas, according to article 532-18 of the Penal Code, anyone
who, without violence, threat or fraud, abducts or seduces a
minor is guilty of statutory rape; whereas the offence in order to
be constituted presupposes a material act of abduction or
displacement, the absence of fraud, violence or threat and guilty
intent;
Whereas in this case, it emerges from the proceedings at the hearing
that SML went to get OR, a minor of 15 (fifteen) years old, in
Ouagadougou to bring her back to Ouahigouya and this, without the
knowledge of her family; that these facts characterize the material act
of abduction or statutory rape of a minor; that, moreover, it is clear
that the victim was moved with her consent; that consequently, there
was no fraud, threat or violence; that finally, it is established that SML
hid the victim in his home for two nights before dropping her off at her
home in Ouahigouya; that his guilty intention is obvious; that it follows
that SORE Mohamed Lamine has all the elements of the offence of
statutory rape against him; that, moreover, having acknowledged the
acts, he should be declared guilty;
3) Sentence
Whereas article 523-4 of the Penal Code punishes indecent
assault on a minor-aged over fifteen 15 (fifteen) and under 18
(eighteen) years with a prison sentence of 6 (six) months to 5