contested that the acts by each of them personally took the
nature of a sexual act; That these sexual acts were consciously
performed by them on SB; That it is against good morals to
subject a person to sexual acts without his/her consent, besides
a minor although aged more than 15 (fifteen) years; That
therefore all the elements constituting the offence of indecent
assault are found on each of them; That they should both be
found guilty and receive a severe sentence in view of the
seriousness of their actions and the danger posed by a sexual
assault liable to destroy or compromise the sexual,
psychological or family equilibrium of a young girl as the
victim.
2. Civil action
a. Admissibility
Whereas pursuant to Article 2 of the Code of Criminal
Procedure, any person claiming to be the victim of a criminal
offence may seek compensation before the criminal courts
hearing the prosecution;
Whereas at today's hearing, Ms S.B., assisted by her father S. S.
because of her minor age, who declares that he is a civil plaintiff
and in this capacity claims compensation for the damage she has
suffered;
Whereas it is established above that S.B. was victim of the
criminal acts of C. A. and C. P.; whereas she therefore complies
with the condition laid down in the above-mentioned article;
whereas she was also granted civil action in accordance with
Articles 418 et seq. of the above-mentioned Code; whereas she
therefore deserves to be declared admissible;
b. Merits
Whereas by way of its S. S., S. B. claims the sum of CFAF
61,000 (sixty-one thousand) representing the medical expenses
incurred for her care, in addition to the sum of CFAF 300,000
(three hundred thousand) as damages; It is not disputed, as it was
attested by the documents submitted in support of the claims,
that she actually spent a sum of CFAF 61,000 (sixty-one
thousand) for her care; Since the accused inflicted the injuries to
her, they should be ordered to reimburse the said sum in good
faith; Moreover, it cannot be denied that she suffered other
damages, in particular the physical and moral suffering related
to the offence; Moreover, the sexual assaults are so serious that
they can leave irreparable scars in the life of a young girl like
her; The sum of CFAF 300,000 (three hundred thousand)