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Mbour Criminal Court: The young girl, the young tailor, the disputed rape, and the proven pregnancy

Auteur: Khady Ndoye

Mbour Criminal Court: The young girl, the young tailor, the disputed rape, and the proven pregnancy

Chambre criminelle de Mbour : La jeune fille, le jeune tailleur, le viol contesté et la grossesse avérée

The criminal chamber of the Mbour High Court heard a case involving accusations of rape, pedophilia, and pregnancy, implicating a 22-year-old tailor. The case is marked by radically opposed accounts.

Ms. Ngom, who claims to be 15 years old, accuses Mr. Bousso of sexually assaulting her after offering her a drink. The girl states that she fell asleep after drinking it. Upon waking, she says she found her body covered in blood, while the accused was still present, sitting in a chair. She claims she then asked him what had happened.

According to her, he confessed to the acts. She also accuses him of death threats, claiming he demanded she marry him under threat of reprisals if she revealed the matter to his family.

"One day, he told me he was in love with me. I replied that I didn't want to be in a relationship because my father forbade it," she testified. When questioned about the drink in question, she stated that she didn't know its color or taste.

For his part, the complainant's father explains that his daughter fell ill. After several consultations with marabouts, he decided to take her to the hospital, where a five-month pregnancy was discovered.

A. Ngom states that his daughter was born in 2008, which would make her a minor at the time of the events. He also mentions the accused's history of violence, including threats, throwing bricks at his home, and a knife attack.

"He was arrested after having relations with another man's wife. After the settlement, I asked him not to come to my house anymore, because I only have daughters. He threw bricks on my roof twice. During an altercation, he stabbed me in the forehead. Later, he threatened me again," he recounted.

The accused denies everything outright.

"I never forced her to have sex with me. I expressed my intention to marry her. We were dating and had several consensual encounters. I freely entered her home," he defended himself.

He also disputes the age put forward by the plaintiff: "She was born in 2003. She is trying to reduce her age to get me convicted."

The accused denies giving the complainant any drinks. On the contrary, he claims that she took care of him and that he gave her money for meal preparation. He mentions their first intimate encounter on December 31st in Saly and asserts that the young woman visited him several times afterward.

According to him, the case took a different turn after the intervention of a third party from Thiès, which allegedly caused family tensions. He claims that the young woman herself announced her pregnancy to him, in the presence of a witness, and insists that their relationship was known to the family.

The complainant's age is a central point in the case. While the father claims the child was born in 2008, the defense emphasizes the lack of a birth certificate and relies on the statements of a midwife who estimated the girl's age at 18. The complainant, for her part, maintains that she does not possess any official documents.

In his closing argument, the prosecutor acknowledged the existence of sexual relations that led to a pregnancy, but expressed doubts about the rape allegations due to insufficient evidence. He requested an acquittal on that charge, while seeking a five-year prison sentence for pedophilia.

The defense, for its part, argued reasonable doubt, citing inconsistencies regarding the complainant's age and social pressures related to an out-of-wedlock pregnancy. It also mentioned the existence of two other suitors. "They're trying to demonize this young man and exonerate the girl," the lawyers maintained, demanding a complete acquittal.

After debates marked by numerous grey areas and contradictory versions, the court adjourned the case for deliberation until April 17.

Auteur: Khady Ndoye
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Commentaires (1)

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  • avatar
    Seck Mamadou il y a 7 mois
    Franchement le juge doit l’acquitter purement et simplement on parle de droit pénal de la preuve. On ne peut pas condamner sans preuve ce serait injuste. Vu que la fille n’a pas d’acte de naissance ce serait injuste de retenir la pedophilie comme charge.

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