This case has been cited 1 times or more.
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2015-02-25 |
PERALTA, J. |
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| The CA continued, belaboring on the fact that the examining physician found old hymenal laceration on AAA's private organ. The lack of a fresh hymenal laceration, which is expected to be present when the alleged sexual encounter is involuntary, could mean that AAA actually consented to the fornication. According to Dr. Acusta, when sex is consensual, the vagina becomes lubricated and the insertion of the penis will not cause any laceration. It presumed that complainant, therefore, was no longer innocent considering the presence of old hymenal laceration that could have resulted from her previous sexual encounters. The defense, however, failed to show that AAA was sexually promiscuous and known for organizing or even joining sex orgies. It must be noted that AAA was a minor, barely 17 years old at the time of the incident, having just graduated from high school on that same day. In a similar case,[54] the Court held: x x x Indeed, no woman would have consented to have sexual intercourse with two men or three, according to Antonio Gallardo in the presence of each other, unless she were a prostitute or as morally debased as one. Certainly, the record before Us contains no indication that Farmacita, a 14-year old, first-year high school student, can be so characterized. On the contrary, her testimony in court evinced the simplicity and candor peculiar to her youth. In fact, appellants could not even suggest any reason why Farmacita would falsely impute to them the commission of the crime charged.[55] | |||||