The Federal Supreme Court rejected an appeal against a sentence sentenced to three years' imprisonment for convicting, abducting and raping a maid, confirming evidence of the crime.
In the details, the prosecution referred the accused to trial on charges of kidnapping a female maid and forcing her to leave the house. Then her reality is forced to beat her with his hand.
"The defendant brought her from a servant's office, took her with him in the car, drove her to a place near the sea, and asked her to have sex. She refused, slapped her and attacked her with duress. After completing his crime, she returned to the servants' Event".
For his part, the defendant admitted the girl's satisfaction, and that he went to the office for that, and that the victim and the representative of the office know this, claiming that «was agreed to pay 10 thousand dirhams or inform the police about the incident».
The Court of First Instance sentenced the accused to five years 'imprisonment. The Court of Appeal then amended the sentence to three years' imprisonment for the two charges assigned to him for association.
"The judge relied on the contradictory and conflicting statements of the girl who questioned the occurrence of the incident, as portrayed by the papers, because there is no single evidence to support it," the defense said.
The Federal Supreme Court rejected the appeal of the accused, explaining that the court of the subject has the ability to understand the reality of the case and to estimate its evidence and to extract the truth from it, reaching the proportion of the accusation to the accused without a probationary in so long as it did not rely on a fact without proof and showed the truth it was convinced of. Is sufficient to carry it, and it can estimate the victim's statements at any stage of inference or investigation, and take them as evidence in the field of confirmation of the crimes of Tzirip when it reassured its credibility.
This is an act of aggression against the victim's sexual freedom by coercing her to conduct a behavior that she did not want, whether it is physical coercion by using the offender to overcome her resistance, or to threaten her morally When such a threat would have deprived it of its will or choice, and it is not required that such coercion be maintained throughout the period of the sexual assault, but that the means for its initiation and the requirement for its verification should not have an impact.
She pointed out that the material element of the crime of kidnapping provided for in article 344 of the Penal Code was achieved by extracting the female from the place where she had been abducted, with the intention of tampering with it, by using an act of deceit or deceit or using any material or moral means That would rob her will.
She confirmed that the judgment of the appeal reflected the realization of the elements of the offenses of abduction and coercion, taking into account the victim's statement and the confirmation of the accused and using him to deceive the victim and to transfer her from her place of execution, which she executed and raped.