PROCEDURE
A-PROSECUTION
1- On the acts of rape brought against A.B
Whereas according to the above-mentioned article, "is guilty of
rape and punishable by imprisonment of 5 (five) to 10 (ten) years,
any person who commits by violence, coercion or surprise, an act
of sexual penetration of any kind whatsoever on a woman or girl";
That the offence of rape to be considered as rape, presupposes an
act of sexual penetration, the absence of consent of the victim and
a guilty intention of the perpetrator;
Whereas in the case at hand, it is common knowledge that there
was an act of sexual penetration by A.B. on B.K. on July 15, 2017;
whereas the accused does not contest this and the victim claims to
have been sexually penetrated by him; whereas the element of an
act of sexual penetration is thus established; whereas to carry out
the sexual act, the accused claims that D.S had grabbed the
victim's hands; that under these conditions, it must be said that the
victim did not consent; that, on the contrary, she suffered an act of
violence; that A.B. acknowledges that he knew that the victim did
not consent; that his guilty intention is therefore established;
That A.B. should be found guilty of rape and be convicted;
2- On the acts of rape brought against D.S
Whereas according to the aforementioned article, the offence
of rape, to be constituted, presupposes an act of sexual penetration,
the absence of consent of the victim and the guilty intention of the
perpetrator;
Whereas in this case, it is common knowledge that there was
an act of sexual penetration by A.B. on B.K. on July 15, 2017;
whereas the accused does not contest this and the victim claims to
have been sexually penetrated by him; whereas the element of an
act of sexual penetration is thus established; whereas to carry out
the sexual act, the accused claims that one of his companions had
immobilized the victim; that under these conditions, it must be said
that the victim did not consent; on the contrary, she suffered an act
of violence; D.S. acknowledges that he knew that the victim did
not consent; that his guilty intention is therefore established;
That D.S. should be found guilty of rape and be convicted;
3- On the charges of rape brought against T.A
Whereas according to the aforementioned article, the offence of
rape, to be constituted, presupposes an act of sexual penetration,
the absence of consent of the victim and the guilty intention of the
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