This case has been cited 1 times or more.
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2013-09-18 |
REYES, J. |
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| We are not persuaded. In rape cases, the law does not impose a burden on the rape victim to prove resistance because it is not an element of rape.[25] Hence, the absence of abrasions or contusions in AAA's body is inconsequential. Also, not all victims react the same way. Some people may cry out, some may faint, some may be shocked into insensibility, while others may appear to yield to the intrusion. Some may offer strong resistance while others may be too intimidated to offer any resistance at all.[26] The failure of a rape victim to offer tenacious resistance does not make her submission to accused's criminal acts voluntary. What is necessary is that the force employed against her was sufficient to consummate the purpose which he has in mind.[27] | |||||