This case has been cited 2 times or more.
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2008-06-12 |
CARPIO, J. |
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| The age of the victim is an essential element of statutory rape; thus, it must be proved by clear and convincing evidence.[13] | |||||
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2007-07-27 |
GARCIA, J. |
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| Rape is more than a simple act of physical violation. For, it debases a woman's dignity, leaving a stigma on her honor and scarring her psyche for life.[14] The Court notes that AA has barely reached puberty when the crime was committed. She grew up in a remote rural area in Bicol, expectedly ignorant of worldly ways. We have stated, in similar cases, that there is no stereotypical form of reaction from a woman, much more a minor, when faced with a shocking and horrifying experience such as a sexual assault.[15] We, therefore, cannot plausibly judge AA by the norms of behavior expected from mature women. Far from being unnatural and highly suspect, AA's silence about the incident is understandable. Given her tender age, she was easily cowered into silence by any form of threat coming from appellant. That AA chose to keep quiet until discovering the awful fact of her pregnancy arising from the rape incident does not in any way erode her credibility. | |||||