That in accordance with Article 383 of the Penal Code,
anyone who, by means of food, drink, medicine,
inducements, violence or by any other means, procures or
attempts to trigger the abortion of a pregnant or supposedly
pregnant woman, whether or not she has consented to it,
shall be punished by 1 (one) to 5 (five) years' imprisonment
and a fine of CFA F 300,000 to 1,500,000.
For the purposes of these provisions, anyone who, by means
of food, drink, medicine, inducements, violence or any other
means, induces or attempts to induce the abortion of a
woman or girl who is or is presumed to be pregnant and
which was suspended or failed to take effect only because of
circumstances beyond the control of the perpetrator, shall be
liable to attempted abortion;
Whereas, in the case at hand, D.A contested the acts of
abortion before the court, arguing that he admitted having
given S.D a product that did not have an abortifacient effect,
in the case at hand paracetamol; that he had agreed to give
the said product to the victim to put an end to her persecution
of him and not with the aim of terminating the pregnancy;
That the victim maintains, on the other hand, that she
swallowed with water a black product contained in a sachet
after having had sexual intercourse with D.A for the second
time; That it should be noted that the statements made by the
victim during the hearing are contrary to those contained in
the minutes of the victim's hearing before the investigating
judge and the investigating officers;
That in view of this contradiction and the lack of evidence
of the constitution of the said offence, it is therefore
appropriate to release D.A from the scope of this lawsuit for
the benefit of doubt;
3. Sentence
Whereas Article 14 of Law No. 061-2015/CNT of
September 6, 2015, on the prevention, punishment and
compensation of violence against women and girls, and the
support for victims, punishes with 5 (five) to 10 (ten) years
imprisonment, any person who commits by violence,
coercion or surprise, an act of sexual penetration of any kind
whatsoever on a woman or girl;
Whereas, in the case at hand D.A. was found guilty of the
acts of rape committed on a girl under the age of 16 (sixteen)
years; Whereas, therefore, he should be sentenced to an
actual prison term of 5 (five) years which corresponds to the
minimum sentence provided for in article 14 of the abovementioned law and given that the circumstances of the case
at hand shows that this is a just punishment;