Attentat à la pudeur…Jean Yvon Mathieu acquitté, la plaignante étant consentante



Jean Yvon Mathieu, un boutiquier de Cité La Cure, poursuivi en Cour Intermédiaire sous deux charges d’attentat à la pudeur, a été acquitté par le magistrat P. Sewpal. Selon la poursuite, le délit a été commis dans une chambre se trouvant à l’arrière de la boutique et l’accusé a remis de l’argent à la plaignante qui vivait avec sa grand-mère. Toutefois, la plaignante n’a jamais dit qui lui donnait de l’argent. Un acquittement a été prononcé parce que la plaignante était consentante. “By deliberately not revealing the source of the money, it is conspicuous, therefore, that W6 consented to the indecent act; otherwise, she would have disclosed this happening forthwith to her grandmother. Strangely, she did not reveal the indecent act to anybody as she was only made to tell about it at school after huge sums of money were found to be in her possession. Lastly, it is expedient to note that the accused gave W6 the sum of money after every indecent act. There is no evidence on record to show that the accused promised to give W6 money before inviting her into the store. Consequently, it cannot be said that W6 was lured to agree to the indecent act upon her. Thus, it is palpable that W6 was a consenting and willing partner to the accused’s indecent acts on each occasion. As a result, the Prosecution has failed to prove that the accused committed the indecent act ‘without the consent’ of W6 in relation to both Counts. In view of the fact that the second essential element of the offence has not been proved, there is obviously no need for the Court to consider the third element and the issue of corroboration. Conclusion: In the light of the foregoing observations, the Court finds that the Prosecution has failed to prove its case beyond reasonable doubt against the accused under both Counts.”

Posted by on Feb 21 2018. Filed under Faits Divers, Featured. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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