THE COURT Mindful of the flagrante delicto procedure followed against the aforementioned identified accused; Mindful of the documents in the file; Having heard the arguments made by the accused; Having heard the statements of the victim, and the claim for damages Having heard the oral submissions of the Legal Department: Having heard the arguments made by the accused to defend himself, and who spoke last; Mindful of Articles 2, 5 and 14 of Law No. 061-2015 CNT on the repression of violence against women and girls; Whereas it results from the file and the debates. -------------------FACTS -------------------On 06 March 2017, the Kongoussi Central Police Station received Z. B at its premises, who declared that she was filing a complaint against K. N. J N for acts of sexual violence committed against her on the night of 25 February 2017. An investigation was subsequently opened to elucidate the facts and has consistently shown that the victim and the accused met at KINDA Silvain’s place to exchange. At the end of exchange, the accused offered to take the victim home and she agreed to do so. On the way, he changed direction and went into the bush. There, he solicited the victim for sexual intercourse. When the victim refused, he forced himself into her by removing her underwear and sexually penetrating her. ----Deferred to the State Counsel of Faso and accused of rape, K. N. J. N admitted the facts. --------------------------------The accused was then brought before the criminal court following the procedure of flagrante delicto to answer for the acts of rape. When questioned at the hearing, he again admitted the facts; ---------------------------------------PROCEDURE---------------------------------------------- PROSECUTION----------------------Whereas Article 14 of Law No. 061-2015/CNT provides that "any person who commits by violence, coercion or surprise, an act of sexual penetration of any kind on a woman or girl is guilty of rape and shall be punished by imprisonment for a term of 5 (five) to 10 (ten) years; That, to be constituted, the offence presupposes the combination of a material act of sexual penetration obtained with coercion, violence or surprise on a woman or girl and a guilty intention; --------------------- Whereas, in this case, the accused admitted the facts; whereas, he stated that he had found the victim in a public area; whereas at the end of their discussion, he towed the victim and another girl whom he dropped off on the way and then continued with the victim in the bush; whereas, being there, he asked to have sexual intercourse with her but she objected; whereas, after lengthy discussions, she offered to do so at