This case has been cited 2 times or more.
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2010-07-06 |
PEREZ, J. |
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| Similarly, the delay on the part of AAA in reporting the rape incidents cannot cast doubt on her credibility. It must be emphasized that people may react differently to the same set of circumstances. There is no standard reaction of a victim in a rape incident. Not every victim of rape can be expected to act with reason or in conformity with the usual expectations of everyone. The workings of a human mind placed under emotional stress are unpredictable; people react differently. Some may shout, some may faint, while others may be shocked into insensibility.[66] The delay on the part of AAA in disclosing the sexual defilement to her aunt, CCC, and to her mother is understandable. As adequately elucidated by the appellate court, AAA's complete obedience to appellant, her lack of struggle and silence about her ordeal were all brought about by a genuine fear posed upon her by the appellant who always had a knife tucked to his waist whenever he wanted to see AAA to satisfy his lust.[67] The appellant is the brother of AAA's foster father and their houses are adjacent to each other. Well-entrenched is the rule that delay in reporting an incident of rape is not an indication of a fabricated charge, nor does it cast doubt on the credibility of a complainant.[68] More significantly, a one-month delay cannot be regarded as unreasonable. We have had cases where the delay in reporting the crime lasted for months, yet the testimonies of the victims therein were found to be plausible and credible.[69] | |||||
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2001-12-07 |
YNARES-SANTIAGO, J. |
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| Contrary to accused-appellant's contention, rape is not rendered impossible simply because the siblings of the victims who were with her in that small room were not awakened during its commission. Lust is no respecter of time and place.[9] Likewise, there is no rule that rape can be committed only in seclusion.[10] In fact, it may be done even in places where people congregate or when there are other occupants of the same room or where other members of the family are also sleeping.[11] Moreover, young children sleep more soundly than grown-ups and they are not easily awakened by adult exertions and suspirations in the night.[12] | |||||