This case has been cited 3 times or more.
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2007-04-13 |
CHICO-NAZARIO, J. |
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| As regards the allegation regarding AAA's failure to remember the exact date of the first rape, we have already held that rape victims are not expected to mechanically keep tab and give an accurate account of the exact dates of the rape. It is not farfetched for a victim of a harrowing and traumatic encounter to even shut off certain portions of that experience.[31] Behavioral psychology also teaches us that different people react dissimilarly to similar situations. [32] Verily, the exact date of rape is not an essential element of the crime, and the mere failure to give a precise date, let alone an incorrect estimate, will not discredit the testimony of the victim.[33] | |||||
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2007-03-28 |
YNARES-SANTIAGO, J. |
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| Behavioral psychology teaches that people react to similar situations dissimilarly. Most women would resist sexual assault with a wild struggle. Others become virtually catatonic because of the mental shock they experience. Yet it can never be successfully argued that the latter are any less sexual victims than the former.[36] | |||||
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2001-03-07 |
BELLOSILLO, J. |
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| The crux of Lourdes' testimony was that accused-appellant had copulated with her, and the act was accomplished through intimidation. The alleged "inconsistencies" raised by accused-appellant are of minor significance and do not impinge upon her assertion that she was raped. Errorless testimonies cannot be expected especially when a witness is recounting details of a harrowing experience.[18] A witness who is telling the truth is not always expected to give a perfectly concise testimony, considering the lapse of time and the treachery of human memory. Thus, we have followed the rule in accord with human nature and experience that honest inconsistencies on minor and trivial matters serve to strengthen, rather than destroy, the credibility of a witness, especially of witnesses to crimes shocking to the conscience and numbing to the senses.[19] | |||||