DALOA COURT OF APPEAL
DALOA COURT OF FIRST INSTANCE
SASSANDRA SECTION
JUDGMENT No 635/14 OF THURSDAY 11 DECEMBER 2014
THE PROSECUTOR
VERSUS
Y.N
1/ Violation of moral norms – Sexual indecency – Sexual indecency committed with
violence on a young girl of 15 years – Constitutive elements (Yes} – Conviction.
2/ Sexual indecency – Sexual indecency committed with violence on a young girl of
15 years - Civil action - Constitution of civil party – Request for damages - Request
founded – Conviction of accused.
1 / The charges against the accused constitute sexual assault with violence on a fifteenyear-old minor, and it is appropriate to link up the accused with the charges, as he
recognizes having tried inserting his fingers into the genital of the six-year-old victim
without being able to penetrate her, even if the medical certificate produced concluded
that there was no sexual violence.
2 / The accused must be ordered to pay the damages, as the father of the victim has
declared to be a civil party and has claimed damages.
THE COURT
Considering the documents in the file of the proceedings against Y.T, on the count of
sexual indecency committed with violence on a minor of 15 years;
Offence provided for and punishable under article 355 paragraph 1 and 2 point 3 and article
359 paragraph 2 of the penal code;
Considering the explanations of the accused;
Considering the requisitions of the Prosecutor;
The accused in his means of defense;
After having deliberated in accordance with the law;
Whereas, according to the interrogation report in the event of flagrante delicto
of the Resident Substitute to the section of the Sassandra court, dated 5
December, 2014, Mr. YT was summoned to appear before the court, to
respond to acts of sexual indecency committed with violence on a 15-year-old
girl;
Whereas on 3 December, 2014, Mr. D.A seized the police station of the 2nd
district of San Pedro on a complaint against Y.T for sexual indecency
committed on his six-year-old niece;
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