In support of his complaint, he explained that he had been informed by DC
that DA had injuries on her genitals; he specified that following interrogation,
his niece DA let him know that it is Y.T who had supposedly inserted his
fingers into her genitals;
Her niece having been taken to hospital for examination, the midwife
confirmed that she had indeed been sexually abused; he attached to the
procedure a medical certificate, dated 4 December, 2014, issued by the
doctor Y.P, gynecologist at the CHR of San Pedro;
As for D.A, she explained that she used to go to Y.T's home, in the company
of her comrade A, and twice Y.T put his fingers in her genitals; she specified
that she had not informed her parents because the uncle had asked her not
to say anything, otherwise he was going to beat her;
When questioned, Y.T recognized the charges brought against him;
He explained that he is a neighbor to the parents of the little girl DA and she,
like the other little girls in the neighborhood, has taken up the habit of going
to play at his home in his room; he added that it was when he was playing
with these little girls that he tried to insert his fingers into the genitals of DA,
without penetrating her;
MOTIVES
ON THE FORM
On the nature of the decision
Whereas the accused appeared at the hearing while already in detention;
Whereas the victim appeared;
That it is appropriate to rule on the basis of counter argumentation, in
accordance with article 399 of the criminal procedure code;
ON THE MERIT
Concerning the criminal responsibility of the accused
Whereas the accused is being prosecuted for sexual indecency committed
with violence on a fifteen-year-old girl;
Whereas the medical certificate produced in the file certainly concludes that
there was no sexual violence, but the accused did not hesitate to admit the
charge, both during the preliminary investigation and during the hearing;
That he admits having tried to insert his fingers into the genitals of D.A, six
years old, without succeeding in penetrating it;
That these acts constitute sexual indecency committed with violence on a
minor of fifteen years old and that it is appropriate to tie him to the charges
and to apply the law accordingly;
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