1. The material element that consists of the sexual conjunction, or the introduction of man's the civil organ in the woman's genitals; He finds that after his interrogation before the Official of Judiciary Police until the indictment before the Prosecutor and even before the 1st Court and this Court, the accused remained constant , he never raped the victim; 2. The lack of consent that according to article 170 of the CPC LII, should result whether from grave threat or trickery. In the present case, it is clear that the accused did not come close to the victim and lastly; 3. The intellectual element that consists in criminal intention that leads the accused to commit the crime, in this case to harm the victim and satisfy his sexual desire; He finds that the fact that the accused worked for 7 years for this family, that he saw this child being born and tat the latter practically became his child, he could not harm her; Additionally, he reminds the Court the incoherence in the plaintiff's statements and notes that in the medical report made without the accused's presence, the doctor confirms that he did not see nor blood nor sperm, but that in turn he concluded that the gynecology exam showed the presence of the punctured hymen showing signs of trauma; He finds that the accused could not have raped the victim without puncturing the hymen and without the members of the family noticing the change, since the destruction of the hymen results necessarily from the opening of a girl's sexual organ; In light of the preceding facts, the defense concludes regarding the accused's responsibility and highlights that in virtue of the adage “ doubt benefits the accused”, it asks the Court to declare the offense awarded to the accused as not established by reasonable doubt, and to acquit him, releasing him of all indictments without costs; The Court shall not follow the accused in his denials; It consequently declares established, both in fact and in law, the offense of rape according to article 170 CPC LII such as is held against him; It confirms thus the work of the 1st Judge that has justly applied the law; In fact, article 170 CPC LII punishes the rape of a child, whether with resort to violence or grave threat, whether by restraint, directly or through a third party; In this sense, any man that introduces his sexual organ, even superficially, in a child's or any person that introduces superficially the whole or a part of the body or an object in any part of a child's vagina, commits rape ( paragraph a of article 170 CPC LII); The Court notes that rape consists in the sexual conjunction obtained against the woman's will (1st Inst. Stanl. 17th March 1953, rules and laws of the Belgian Congo, TI, Ed. Pierre Piros and Jacques Devos, 1960, p.335); It finds that while he did not take his desire further that the introduction of his sexual organ in the victim's vagina, the accused committed the act of sexual conjunction of his sexual organ with the above mentioned; which has caused the trauma that led to the enlargement of the puncture in the vagina, even if the hymen remained intact, as demonstrated in the report of legal-health expertise number 287/ HGR/2010 of the 24th July 2010, from Doctor BOKOLOMBA MPELA, as registered in the case file; It follows from the provisions of article 170 In fine that there is rape with resort to violence when the simple fact of “sexual carnal approximation committed upon the persons designated in article 167 paragraph2 CPC L II, the person of a child under the age of eighteen”; such is the case of the victim Bénédicte LUSEMO NGIVAZANI, only of 5 years of age;