This case has been cited 1 times or more.
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2001-08-30 |
PER CURIAM |
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| Such theory is unavailing, as it is belied by the testimony of MARISSA that she resisted DANILO's sexual acts by kicking him.[19] Undoubtedly, such offer of resistance negates consent. Besides, it is highly inconceivable that MARISSA would simply yield to the bestial desire of her eldest brother had not her resistance been overpowered. Moreover, in rape committed by a close kin, such as the victim's father,[20] step-father,[21] uncle,[22] or the common-law-spouse of her mother,[23] it is not necessary that actual force or intimidation be employed. Moral influence or ascendancy takes the place of violence and intimidation. In this case, DANILO, the eldest brother of MARISSA who was seven years her senior and whom she called "KUYA," had apparent moral ascendancy, not to mention physical superiority, over her. Hence, the absence of force or intimidation in the perpetration of the crime would not earn him acquittal. | |||||