This case has been cited 2 times or more.
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2012-06-20 |
LEONARDO-DE CASTRO, J. |
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| Besides, in rape cases, physical resistance need not be established when intimidation is exercised upon the victim and the latter submits herself out of fear. Intimidation is addressed to the mind of the victim and is therefore subjective. Barely out of childhood, there was nothing AAA could do but resign to appellant's evil desires to protect her life. Minor victims like AAA are easily intimidated and browbeaten into silence even by the mildest threat on their lives.[31] | |||||
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2009-08-04 |
VELASCO JR., J. |
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| Physical resistance need not be established when intimidationis brought to bear on the victim and the latter submits herself out of fear. As has been held, the failure to shout or offer tenuous resistance does not make voluntary the victim's submission to the criminal acts of the accused.[21] Intimidation is addressed to the mind of the victim and is, therefore, subjective.[22] AAA's credibility should, thus, not be undercut just because she did not cry out, if this really be the case, for help. Rape is subjective and not everyone responds in the same way to an attack by a sexual fiend. There is no stereotypical form of reaction for a woman when facing a traumatic experience, such as a sexual assault.[23] When a girl, especially a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed.[24] | |||||