This case has been cited 4 times or more.
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2009-10-09 |
LEONARDO-DE CASTRO, J. |
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| Well-established is the rule that for the crime of rape to exist, it is not necessary that the force employed be so great or be of such character that it could not be resisted; it is only necessary that the force employed by the guilty party be sufficient to consummate the purpose for which it was inflicted. In other words, force as an element of rape need not be irresistible; as long as it brings about the desired result, all considerations of whether it was more or less irresistible are beside the point.[32] | |||||
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2009-10-09 |
LEONARDO-DE CASTRO, J. |
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| Further, the sweethearts defense does not necessarily preclude rape. Even if it were true, such relationship would not, by itself, establish consent, for love is not a license for lust. A love affair could not have justified what appellant did -- subjecting complainant to his carnal desires against her will.[40] | |||||
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2003-08-06 |
YNARES-SANTIAGO, J. |
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| Anent the delay in reporting the case to the authorities, suffice it to state that delay and the initial reluctance of a rape victim to make public the assault on her virtue is neither unknown or uncommon.[22] Rape is a traumatic experience, and the shock concomitant with it may linger for a while. Oftentimes, the victim would rather bear the ignominy and the pain in private, rather than reveal her shame to the world or risk the rapist's carrying out his threat to harm her.[23] | |||||
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2003-06-26 |
CARPIO, J. |
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| This Court has consistently observed the following guidelines in deciding rape cases: (1) to accuse a man of rape is easy, but to disprove the accusation is difficult even if the accused is innocent; (2) since rape usually involves only two persons, the testimony of the complainant must be examined with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merit and should not draw strength from the weakness of the evidence for the defense.[10] | |||||