II- PROCEDURE A- PROSECUTION 1- On the acts of rape Whereas DA is accused of acts of rape committed on S.D, a minor girl aged sixteen; Whereas under the terms of Article 14 of Law No. 0612015/CNT on the prevention, punishment and compensation of violence against women and girls, and the support for victims, the offence of rape, to be constituted, presupposes, first of all, an act of sexual penetration of any kind whatsoever committed against a woman or girl by violence, coercion or surprise and, finally, guilty intent; Whereas it emerges from the proceedings at the hearing and from the documents produced in the case file that the accused D.A committed rape on a minor girl (SD); Whereas the accused fully acknowledges the acts alleged against him and does not contest them by arguing that the said intercourse was performed with the victim's consent; Having regard to the age of the victim, who is a minor girl aged only sixteen at the time of the events, the victim's consent to the sexual act in no way constitutes an obstacle to the prosecution of the said offence; Even supposing that the victim freely consented to the sexual act, the said consent cannot be valid in view of her minority; That in view of all the above, it is consistently established at the hearing that the accused committed rape on S.D by having sexual relations with her; That, moreover, for the offence of rape to be established, the act of sexual penetration alone is not sufficient to classify the said offence, but there must also be a guilty mind on the part of the accused; That, in the case at hand, the accused knowingly violated the criminal law by carrying out his sexual act, since he was aware of the illegal nature of the said act; That on the basis of the foregoing, all the elements constituting the offence of rape as provided for in Article 14 are sufficiently established against the accused and that he should be found guilty of it; 2. On the acts of attempted abortion Whereas the DA is also accused of the acts of attempted abortion; these acts are provided for and punishable by articles 59, 60, 62 and 383 of the Penal Code; Whereas under the terms of Article 59 paragraph 1 of the Penal Code: "the attempt consists in the undertaking to commit a crime or offence, manifested by unequivocal acts tending to its execution, if these have been suspended or have failed to take effect only due to circumstances beyond the control of the perpetrator". 5