the incident, in the company of the children … and … in front the door to the house, and not in the
enclosure;
That he explains that even … with whom he works at the residence of … saw him sitting with the
children at the place he talked about, and that he is not the perpetrator of the offences levied against him,
because the allegations of the girl are completely false;
Whereas at the hearing the civil party …, assisted by her mother, reiterated the declarations made at the
preliminary hearing;
That her counsel argued that all the evidence to determine a rape offence are pointing at the accused, and
that the little girl has constantly argued that it is the accused who is the perpetrator, a position supported
by the child …together with the medical certificated submitted during the hearing;
Whereas in his requisitions, the Prosecutor, after having recalled the facts, specified that the rape took
place inside the sheep pen and that it sufficiently attests to the willingness of the accused to sexually
penetrate the little girl;
That he also noted that the victim has always remained constant in her statements, before requesting the
Court to find the accused guilty of the charges levied against him and to sentence him to ten (10) years in
prison;
Whereas at the bar of the Court, the accused himself persisted in his denials, and that for his defense, his
counsel argued that there is some element of doubt in the matter, before noting that the conclusion of the
investigators were accusatory and cannot serve as a basis to enter into sentence;
That, however, he observed that the medical certificate is not based on any objective element, as it
contains a lot of contradiction, and that the offenses referred to are not proven, before requesting, after
submitting to the wisdom of Court, primarily the release of his client for the benefit of doubt, and at the
very least a benevolent application of the law;
ON THE ABOVE:
CONCERNING THE RAPE:
Whereas article 320 of the Penal Code provides that any act of sexual penetration, of whatever nature,
committed on another person using violence, coercion, threat or surprise is rape;
Whereas in this case, it is constant fact, as demonstrated by the proceedings, that the little girl has been a
victim of sexual assaulted, more precisely an act of sexual penetration;
That this has even been sufficiently supported by medical expert report prepared by Professor... dated
May 07 2015, which reported on the existence of traces of vulvar lesions and the absence of hymen;
That it should be noted, as it emerges from the allegations of the civil party, that it is… who is the
perpetrator of these acts by having forcibly inserted his finger into her genitals while she was alone with
him in the company of the child … in the sheep pen, and that she had even previously refused to take off
her underwear when the accused instructed her to so;
That even if the accused tries to take refuge behind systematic denials in order to escape his criminal
responsibility, it should be noted that he was the only person who constantly stayed with the children …
and … during the latter's brief stay at the home of …;
That this fact is amply established by the statements of all parties who formally argued both during the
inquiry and at the bar of the Court, that during the short visit of the lady … and her daughter …, it is the
accused who was alone with the children … and …;
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