sexual relations because of diabetes;
Considering that .... reiterating what she said at the first
hearing, stated that after every lunch she used to go to the
balcony, and it was there that the accused found her, took
off her trousers and panties, before lying on top of her and
penetrating her;
That during the sexual relations, she felt pain and bled;
that the accused then threatened her with death if she ever
denounced him; that it was in these circumstances that he
raped her several times at the balcony;
Considering that madam… confirmed previous statements
adding that the gynecologist confirmed old sexual
penetration since the facts happened for duration of one
year;
Considering that in light of these contradicting statements
the court ordered urological expertise to determine
whether the accused could have sexual intercourse, if not
since when he couldn’t have sexual relations; that the
urological service of the Aristide DANTEC Hospital
submitted the report on 03.03. 2020;
Considering that the debates were then reopened on 10
March 2020;
Considering that, when reheard, the accused referred to
his preliminary statements, while specifying that, he was
communicated his diabetes medical file with all the related
analysis papers;
Considering that the claimant for civil damages did not
appear at the hearing;
Considering that the solicitor general pointed out that even
if the report does not provide the court with official
information, its content supports the position of the
accused on his impotency;
That in the face of diverging statements of parties, he
asked the court to override the contested judgment and
acquit the accused;
Considering the pleadings of ….and …, counsels of the
accused pointing out that the expert did not clearly allude
to the questions of the court while it was evident that the
accused was suffering from diabetes and had visual
problems;
That in addition the claimant for civil damages, after
dithering in his statements chose not to appear at the
hearing;
That according to them, the girl started to complain of pain
in the belly before the doctor discovered the absence of