This case has been cited 2 times or more.
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2008-09-30 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, the fact that there was no weapon used by the accused does not rule out force in the rape committed.[50] It is a settled rule that the force contemplated by law in the commission of rape is relative, depending on the age, size and strength of the parties.[51] It is not necessary that the force and intimidation employed in accomplishing it be so great and of such character as could not be resisted; it is only necessary that the force or intimidation be sufficient to consummate the purpose which the accused had in mind.[52] | |||||