This case has been cited 1 times or more.
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2000-02-29 |
BELLOSILLO, J. |
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| Moreover, private complainant's testimony was corroborated by Dr. Diosdado Fuentebella who affirmed on the witness stand the presence of spermatozoa in her vaginal secretion, consistent with the claim of recent sexual contact. Although no sign of external physical injury was noted on her body the same did not negate her claim of rape. We have held that it was not necessary that there be marks of physical violence on the victim's body because the exertion of irresistible force by the accused is not an element of the offense,[27] more so when the force required to overwhelm a child especially one who is of subnormal mental capacity like herein private complainant, is obviously and understandably of a lesser degree than that needed to overwhelm a normal adult.[28] Considering that accused-appellant was at the time of the incident a thirty-five (35)-year old normal male while private complainant was a puny thirteen (13)-year old with a mental capacity of an eight (8)-year old, it is not really difficult to understand how accused-appellant succeeded in his criminal design with minimal force - but force nonetheless[29] - such that no manifestation of physical injury was noted on private complainant. | |||||