This case has been cited 1 times or more.
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2002-10-28 |
Mendoza, J. |
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| desires of the rapist.[14] In such cases, physical resistance need not be established since intimidation is exercised over the victim and the latter submits herself against her will to the rapist's advances because of fear for her life and personal safety.[15] Thus, if resistance would nevertheless be futile because of intimidation, offering none at all does not amount to consent to the sexual assault so as to make the victim's submission to the sexual act voluntary.[16] However, none of these circumstances is present in this case. Complainant was 36 years old at the time the alleged rape took place. She weighed 53 kilograms and was about five feet tall.[17] She is a housewife with five children. It is thus incredible | |||||