This case has been cited 1 times or more.
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2001-12-14 |
PANGANIBAN, J. |
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| The fact that complainant bore no physical evidence of any force used against her person is of no moment. The absence of any external sign of injury does not necessarily negate the occurrence of rape, proof of injury not being an essential element of the crime.[21] What is important is that because of force and intimidation, the victim was made to submit to the will of appellant.[22] As stated in People v. Maglente,[23] the test is whether the threat or intimidation produces fear in the mind of a reasonable person -- that if one resists or does not yield to the desires of the accused, the threat would be carried out. | |||||