This case has been cited 2 times or more.
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2013-09-11 |
BRION, J. |
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| We rule, without descending to particulars and going over each and every one of these claims, that without more and stronger indicators, we cannot accord them credit. Human nature suggests that people may react differently when confronted with a given situation. Witnesses to a crime cannot be expected to demonstrate an absolute uniformity and conformity in action and reaction. People may act contrary to the accepted norm, react differently and act contrary to the expectation of mankind. There is no standard human behavioral response when one is confronted with an unusual, strange, startling or frightful experience.[19] | |||||
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2007-03-23 |
YNARES-SANTIAGO, J. |
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| Different people react differently to a given type of situation, and there is no standard form of behavioral response when one is confronted with a strange, startling or frightful experience. One person's spontaneous thinking, or even instinctive, response to a horrid and repulsive stimulus may be aggression, while another person's reaction may be cold indifference.[18] AAA's failure to seek help from people in the nearby basketball court, assuming there were indeed any, or from appellant's neighbors does not make the sexual congress voluntary or make AAA any less a rape victim. Resistance is not an element of rape as it could be committed through force and intimidation. Lack of physical resistance can not be considered consent. | |||||