This case has been cited 1 times or more.
|
2009-12-21 |
NACHURA, J. |
||||
| AAA's failure to resist or to cry for help during those times that she was raped cannot be taken against her. Verily, when threat, intimidation and fear are employed, as was done here by appellant, there is no need to establish physical resistance. Certainly, an added reason for her failure was her stepfather's dominance over her. In rape committed by a father against his daughter, the father's moral ascendancy and influence over the latter substitute for violence and intimidation. The foregoing principle applies in the case of a sexual assault of a stepdaughter by her stepfather and of a goddaughter by a godfather in the sacrament of confirmation.[10] | |||||