II. GROUNDS FOR THE DECISION;
A. Competence of the Juvenile Judge
Whereas, according to article 2 of law No. 0152014/AN on the protection of children in conflict
with the law or those in danger, a child is defined as
any human being under the age of 18 (eighteen);
whereas article 18 of the same law, states that the
juvenile judge is competent to hear contraventions
and offences committed by the child;
Whereas in this case, it emerged from the debates at
the hearing that O.M was born in 1999 in Pélé/Oula;
that pursuant to article 2 paragraph 3 of the abovementioned law, it is appropriate to say that his date
of birth is December 31, 1999; that between this date
and June 16, 2014, date of commission of the acts,
less than 18 (eighteen) have elapsed; that it is
appropriate to say, within the meaning of the
aforementioned law, that O.M was a minor at the
time of the acts; that consequently, he must be tried
by the Juvenile Judge;
B. Prosecution
1. Guilt
Whereas O.M is being prosecuted for acts of rape;
Whereas, according to Article 14 of Law 0612015/CNT on the prevention, punishment and
reparation of violence against women and girls, and
the support for victims, is guilty of rape and is
punishable by imprisonment from 5 (five) to 10 (ten)
years, any person who commits by violence, coercion
or surprise, an act of sexual penetration of any kind
whatsoever on a woman or a girl; that this provision
therefore states that the offence of rape, to be
established, requires the combination of a material
element of sexual penetration, the exercise of
violence, coercion or surprise, and guilty intention;
Whereas, in this case, O.M acknowledges that he
forced the victim to lie on a mat that he had
previously established by terracing her: it is
appropriate to conclude that there was no consent
of the victim;
Whereas he also admitted having introduced his
penis into the victim's vagina after having subdued
her; whereas it is appropriate to conclude that O.M
used violence to sexually penetrate his victim: that
thus, the material act of sexual penetration and the
use of violence are found against him;