A Sierra Leonean man convicted of rape was acquitted after four years in detention, but convicted of possessing marijuana.

The doubt ultimately benefited Ousmane Kane. He was being prosecuted for the alleged rape of A. Sène, a 13-year-old girl whose parents claim she is mentally impaired. The accused was acquitted of this charge by the criminal chamber of the Mbour High Court.

The events date back to July 6, 2022. On that date, Doudou Sène filed a complaint with the Joal Gendarmerie Brigade, reporting a sexual assault allegedly perpetrated against his daughter, A. Sène. According to the complaint, the young girl had been sent to buy bleach at a shop when she was allegedly intercepted by Ousmane Kane on her way home. He reportedly gave her 1,000 CFA francs before asking her to follow him to a room.

During the investigation, a medical certificate revealed a previous hymenal tear and a lower genital tract infection. However, the proceedings also brought to light that the alleged victim had been raped previously in Saint-Louis. Furthermore, she was never interviewed by investigators, a factor that influenced the assessment of the case.

Originally from Sierra Leone and living in Senegal since 2010, Ousmane Kane has consistently denied the rape allegations. However, he admitted to being arrested in possession of two packets of marijuana found in his pocket at the time of his arrest.

At the hearing, Mr. Sow highlighted the numerous shortcomings of the investigation. The lawyer particularly emphasized the lack of evidence to definitively establish the occurrence of the rape, reminding the court that "when doubt arises, it must always benefit the accused."

The court followed this analysis. Finding that the evidence presented did not allow them to attribute the acts of rape to the defendant, the judges acquitted him on the grounds of reasonable doubt.

However, the court found him guilty of possessing marijuana. For this offense, Ousmane Kane was sentenced to one year in prison.