This case has been cited 1 times or more.
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2000-05-31 |
GONZAGA-REYES, J. |
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| It is settled that sexual intercourse with a woman who is a mental retardate constitutes statutory rape, which does not require proof that the accused used force or intimidation in having carnal knowledge of the victim for conviction.[30] However, the fact of her mental retardation was not alleged in the information and, therefore, cannot be the basis for conviction.[31] Nevertheless, there is adequate evidence to show that appellant used force and intimidation in committing the crime of rape in this case, which mode of committing rape was alleged in the Information. Jennifer's testimony sufficiently demonstrated that the sexual act was forced on her as she declared that she resisted or "lumaban ako".[32] It has been held that "[b]ecause the mental faculties of a retardate with the mental age of a six-year old are different from those of a fully functioning adult, the degree of force needed to overwhelm her is less.[33] | |||||