his home, not in the bush; that he had to force her and to do so, he pulled down his trousers and asked her to sit down; that when she resisted, he forced her to lie down by grabbing both her arms and penetrated her sexually; that he admits to having acted with malice since he had a cousin who was having a love affair with her; that, besides, he had the intentions of raping while they were at the public area;---------------------The victim stated that when she and her friend were about to close discussions, Silvain,volunteered to take them back to their homes but the accused objected and took the keys to his motorbike and decided to do so; they even asked him to go his sister instead and leave them with Silvain, but he refused and took them on his motorbike; When she arrived at the Mayor's Court, she asked to get off but the accused refused, telling her that he wanted to drop off her friend first ; that after dropping the friend, he took the way to the bush although she had insisted that he takes the one leading to her home ; that once in the bush, he asked her to go on her own and then caught up with her and told her that her brother had destroyed his relationship with a girl and that he in turn wanted to do the same with her; that he then declared that he was going to have sexual relations with her and when she wanted to go home in tears, the accused grabbed her arms and the collars of her clothes and told her that if she was not careful, she would stay in the bush there; that he then grabbed her neck and threatened to wring it, which prompted her to implore his forgiveness and to suggest that she follows him home to do what he wanted, but he again refused; that it was when she tried in vain to alert a passing motorcyclist that he became angry, knocked her down and put her neck on the ground and then penetrated her sexually;------------ Whereas the accused acknowledged all the victim's statements; whereas he does not deny having sexually penetrated the girl; whereas to do so, he took her into the bush in the middle of the night, around 11 p.m. and far from any possibility of rescue; whereas these circumstances naturally place the victim in a situation where she is forced to comply with the desires of the accused; that despite this situation, she did not offer herself to the will of the accused, who had to force her to do so by removing her clothes and then to lay her down on the ground and press her neck against the ground before penetrating her sexually; that these actions of the accused are characteristics of violence whose purpose was the act of sexual penetration; that in short, the accused committed an act of sexual penetration on the girl with violence and coercion;--------------------------------------------------------Whereas the accused stated that he had intended to rape the victim since he found her at the public area; that his insistence that he could take her home at the end of their discussion as well as the fact that he used his own means to end up in the bush alone with her indicates that he had resolved to commit the acts; that it therefore follows that he acted with guilty intent; that, in light of all of the foregoing, the accused should be found guilty of the acts of which he is accused and sentenced, as a punishment, to a term of imprisonment of 5 (five) years; ---------------------------------------------------------------------