This case has been cited 1 times or more.
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2007-08-07 |
TINGA, J. |
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| We have previously ruled that a person is guilty of rape when he had sexual intercourse with a female who was suffering from a "borderline mental deficiency."[32] AAA's condition is far worse. The medical evidence on record more than amply shows that AAA is mentally retarded. She is equivalent to an imbecile in traditional parlance. She is likewise delusional. Her condition was obvious to her family and neighbors. Even appellant admitted that he knew AAA was mentally retarded.[33] We are mindful that a conviction of rape based on the mental retardation of private complainant must be anchored on proof beyond reasonable doubt of her mental retardation. The prosecution successfully discharged such burden. | |||||