FACTS In the morning of September 22, 2018, O.W.N and O.W.N, her twin sister, went to the Central Police Station of the city of Kongoussi to file a complaint against T.D, O.E and S.H for attempted rape committed on them. To clarify the circumstances of the events, the judicial police unit opened an investigation. The steps taken during the preliminary investigation, including the hearing of the complainants and accused, revealed that during the night of 21-22 September 2018, T.D and O.E effectively cornered O.W.N against a wall near the Head Office of the Zood-Nooma Association of Kongoussi and began to fondle her breasts against her will. This investigation also revealed that S.H and two of his comrades, in the same circumstances of time and place, cornered O>WN who was doing her natural needs (urinating). Having heard their version of the facts, all the accused readily acknowledged the facts as revealed. When referred to the Kongoussi Legal Department, where they were heard in an investigation of flagrante delicto, T.D, O.E and S.H remained consistent in their statements; Thus, the accused were brought before the criminal division of the Court at the hearing of 20 February 2019, following the procedure of flagrante delicto for attempted rape under Articles 122-1, 122-2, 122-4 and 533-10 of the Penal Code; At the bar of the court, the accused, apart from a few clarifications, did not refute the charges alleged against them; The Legal Department requested the reclassification of the acts of attempted rape initially charged to the accused as acts of indecent assault, to find the accused guilty and to sentence each of them to 12 (twelve) months' imprisonment and a fine of CFA 500,000 (five hundred thousand); The accused who had the last word implored the clemency of the Court. On this, the Court dismissed the case as follows; II- PROCEDURE A- PROSECUTION 1 Guilt of TAONSA Daoua and of OUEDRAOGO Etienne Whereas Article 533-10 of the Penal Code states that "any act of sexual penetration, of whatever nature, committed on another person by violence, coercion, threat or surprise constitutes rape. Rape is punishable by a prison sentence of 7 (seven) to 10 (ten) years and a fine of CFAF