This case has been cited 2 times or more.
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2016-01-13 |
BRION, J. |
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| As we held in People v. Jampas,[21] "[a]bsolute guarantee of guilt is not demanded by the law to convict a person of a criminal charge but there must at least be moral certainty in each element essential to constitute the offense and in the responsibility of the offender." Such certainty is absent in the generalized statement that the victim made. | |||||
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2010-10-20 |
MENDOZA, J. |
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| Accused further contends that private complainant's behavior after the alleged rape belies her credibility and is inconsistent with human nature. He pointed out that things went smoothly as if no rape had occurred as evidenced by her admission that two days after the alleged rape, she simply dozed off with her child; that the door of her house remained unlocked; she allowed herself to be left alone with her child; and that she did not immediately tell her husband about the rape. Although the conduct of the victim immediately following the alleged sexual assault is of utmost importance as tending to establish the truth or falsity of the charge of rape,[19] it is not accurate to say that there is a typical reaction or norm of behavior among rape victims, as not every victim can be expected to act conformaby with the usual expectation of mankind and there is no standard behavioral response when one is confronted with a strange or startling experience, each situation being different and dependent on the various circumstances prevailing in each case.[20] | |||||