other girls; That everything took place without her
knowledge and that it was only on April 8, 2016, that her
niece gave her this information on the phone;
Upon completion of the preliminary investigation, the
aforementioned unit drew up a report on the complaint and
transmitted the entire file to the State Counsel of Faso at the
Tenkodogo High Court, which, in an initial indictment,
requested the opening of an investigation against the accused
for rape and attempted abortion; During the investigation of
the case, the accused partly admitted the facts of rape but
contested the charges of attempted abortion;
Entered on the cause list of September 5, 2017, the case was
called and debated and the accused admitted the acts of rape
but denied the charges of attempted abortion; In fact, he
explained that with regard to the rape, he had had sexual
relations with the victim on several occasions (more than
seven or eight times) and stated that most of the said sexual
intercourse had been performed outside the victim's home;
On the other hand, with regard to the attempted abortion, he
did not recognise the said acts, as he had just flattered S.D
by suggesting her paracetamol, while at the same time letting
her know that by taking the said product, the pregnancy was
going to run; He went on pointing out that his act was
justified by the fact that the victim had not stopped harassing
him since the moment she had noticed the absence of her
menstrual period;
When heard before the court on the charges against the
accused, the victim refuted the acts as recounted by D. A,
pointing out that the latter had only had sexual intercourse
with her twice without her consent;
She stated that the very first sexual intercourse had taken
place at T.R.'s home when D.A had come to stock up on
eggs; that he took advantage of the occasion to have sexual
relations with her on the living room couch under duress;
That, following the sexual act, she became pregnant and
consequently, she informed DA who was at Mr. T's home;
That he had the second sexual intercourse after giving her a
black product contained in a sachet, while indicating that,
according to his doctor, the product was effective if taken
immediately after sex; That he used this strategy to have the
second sexual intercourse with her;
That after the second sexual act, D.A gave her the said
product, indicating that she had to swallow it with water;
these statements are contrary to those recorded in the
minutes of the preliminary investigation and to those made
at the victim's hearings before the investigating judge;
At the close of the proceedings, the court, after having
deliberated in accordance with the law, ruled as follows;