The juvenile judge presented the cell phone seized by the
gendarmerie in the hands of the accused and the latter
recognized both the ownership of the device and the content
of the film he made;
The Legal Department, after summarizing the facts,
demanded that the accused be found guilty of rape and
sentenced to an actual prison term of 36 (thirty-six) months
and a suspended fine of six hundred thousand francs;
The Juvenile Judge reserved the case for judgement on
February 21, 2018, upon that date, he issued his decision as
follows;
PROCEDURE
A/ PROSECUTION
1- Reclassifying the acts and the guilt
Whereas O.I. is accused of acts of rape;
Whereas according to article 533-10 of the penal code,
"any act of sexual penetration, of any nature whatsoever,
committed on another person by violence, coercion, threat or
surprise constitutes rape"; That 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, the accused declares that his four
friends had sexual relations with the victim; whereas the
certificate dated July 14, 2018, in the file, attests to this act;
whereas the material act of penetration is then established;
That at the hearing, the accused, after having initially
maintained that his friends had declared to him on his arrival
that they had had sexual relations with the victim, retracted
his statement and declared that on his arrival, his friends had
rather let him know that they had forced sexual relations with
the victim; Notwithstanding these contradictory statements, it
is clear that the dagger was present at the time of the events,
and that the victim's tears and cries alerted the
neighbourhood; that it can be said that the sexual penetration
was done with violence; that the fact that the companions of
O.I were aware that they were acting against the will of the
victim establishes their guilty intention; that, in the light of
these observations, there is no doubt that rape occurred;
Whereas, however, O.I did not admit to having committed
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