This case has been cited 3 times or more.
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2013-07-24 |
PEREZ, J. |
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| At any rate, it is an oft-repeated principle that not every witness to or victim of a crime can be expected to act reasonably and conformably to the usual expectations of everyone. People may react differently to the same situation. One person's spontaneous, or unthinking or even instinctive, response to a horrible and repulsive stimulus may be aggression, while another's may be cold indifference. Yet, it can never be successfully argued that the latter are any less sexual victims than the former.[20] | |||||
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2006-06-16 |
YNARES-SANTIAGO, J. |
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| Appellant's assertion that Kristine filed these cases against him because she did not want him to have a common-law wife is hard to believe. It is inconceivable that she would fabricate the charges only because she has a crush on appellant. When a woman, or a young girl, cries rape, she says in effect all that is necessary to show that rape has been inflicted on her. So long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[30] | |||||
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2001-12-07 |
YNARES-SANTIAGO, J. |
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| The degree of force or intimidation required for the act to constitute rape is relative, and must be viewed in the light of the victim's perception and judgment at the time of the commission of the offense.[6] What is vital is that such force or intimidation be sufficient to consummate the purpose that accused had in mind.[7] Being a child who grew up without a father and who lived away from her mother, it is not far-fetched that the threats made by accused-appellant produced fear in Cynthia's mind which forced her to give in to his sexual advances. The force applied in rape may be constructive[8] and need not be irresistible.[9] What is necessary is that the force or intimidation is of such degree as to compel the unprotected and vulnerable victim to bow into submission. Moreover, intimidation is addressed to the mind of the victim.[10] | |||||