THE JUVENILE JUDGE;
Considering the documents in the file;
Having heard the oral submissions of the Legal
department;
Having heard the oral observations of the social
service;
Having heard the arguments of the Accused, who
spoke last;
After having deliberated in accordance with the law;
1. FACTS
On June 16, 2014, O.D. filed a complaint against
O.M. at the Territorial Brigade of Ouahigouya for
rape; to back up her complaint, she stated that on
June 15, 2014, S.I had invited her to her house to
discuss with her; on her arrival, she found O.M
waiting for her there; that S.I left the house, making
sure to close the door without locking it; that it was
at that moment that O.M begged her to make love
with him; that she categorically refused; that despite
her refusal, he dragged her by force into the room
where he took off her panties and pants before
knocking her down; that he tried once to penetrate
her without success and then a second time where
he succeeded in penetrating her and having sexual
intercourse with her without, however, succeeding
in ejaculating because, in the meantime, she had
managed to undo his ties and flee, leaving her
underwear behind. Opening an investigation, the
investigating officers heard O.M, who readily
admitted the acts against him; he explained that he
was staying with his friend S.I; that he had courted
O.D; that, however, she had never given him a
favourable or unfavourable response; that he
deduced from her behaviour that she had accepted
his advances since she regularly sent her sisters to
ask him for money on her behalf; that on June 14,
2014, her friend S.I invited O.D to their home; that
after some hesitation, she responded favourably;
that when they arrived at their home, S.I invited O.D
to enter their room; that once inside, SIGUE Issaka
asked him to join her; that since he had not yet had
sexual relations with a girl, he refused to obey his
friend; that the latter encouraged him by asking him
if he was not a man; that under the encouragement