This case has been cited 4 times or more.
|
2010-07-05 |
VELASCO JR., J. |
||||
| And as correctly observed by the Court of Appeals, even supposing that the sweetheart theory is true, a love affair does not justify rape, for the beloved cannot be sexually violated against her will for love is not a license for lust.[41] | |||||
|
2008-09-30 |
AUSTRIA-MARTINEZ, J. |
||||
| Appellant's claim that the records do not show any sign or presence of struggle is irrelevant. Physical resistance is not an essential element of the felony, and need not be established when intimidation is exercised upon the victim and the latter submits herself, against her will, to the rapist's embrace because of fear for her life and personal safety.[45] It is enough that the malefactor intimidated the complainant into submission. Failure to shout or offer tenacious resistance did not make voluntary the complainant's submission to the criminal acts of the accused.[46] Furthermore, not every victim of rape can be expected to act with reason or in conformity with the usual expectations of everyone.[47] 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.[48] Also, the inequality of their physical strength made any resistance on AAA's part futile.[49] | |||||
|
2007-08-10 |
GARCIA, J. |
||||
| Barely out of childhood, there was nothing AAA could do but resign to appellant's evil desires to protect her life.[14] Minor victims like AAA are easily intimidated and browbeaten into silence even by the mildest threat on their lives.[15] | |||||
|
2004-05-27 |
CALLEJO, SR., J. |
||||
| Established is the rule that the testimonies of rape victims, especially child victims, are given full weight and credit.[57] It bears emphasis that the victim was barely thirteen when she was raped. In a litany of cases, this Court has applied the well-settled rule that when a woman, more so if she is a minor, says that she has been raped, she says, in effect, all that is necessary to prove that rape was committed, for as long as her testimony meets the test of credibility.[58] No young girl, indeed, would concoct a sordid tale of so serious a crime as rape at the hands of a close kin, undergo medical examination, then subject herself to the stigma and embarrassment of a public trial, if her motive were other than an earnest desire to seek justice.[59] This holds true especially where the complainant is a minor, whose testimony deserves full credence.[60] Certainly, Rizalyn's testimony is entitled to great weight especially when she accuses a close relative of having ravished her. For there can be ascribed no greater motivation for a woman abused by her own kin than that innate yearning of the human spirit to declare the truth to obtain justice.[61] | |||||