This case has been cited 1 times or more.
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2004-06-29 |
QUISUMBING, J. |
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| Appellant's claim that Mary Jane consented to the sex act, without his use of force or intimidation, is not supported by the evidence on record. Mary Jane categorically and forthrightly testified that she resisted appellant's advances, but was unsuccessful because the appellant was holding her tightly. The amount of force required in rape cases is relative. It need not be overpowering or irresistible. All that is necessary is that the force employed as an element of the offense be sufficient to consummate the purpose which the accused had in mind.[37] | |||||