This case has been cited 5 times or more.
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2009-09-18 |
CARPIO MORALES, J. |
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| Contrary to appellant's assertion, the delay does not detract from AAA's credibility. Nor does it indicate that her tale is fabricated. In a number of cases, this Court considered justified the victim's eight and even ten years belated disclosure of the rape, it holding that "delay in reporting the rape incidents, in the face of threats of physical violence," as in the present case, cannot be taken against the victim, considering that "[s]trong apprehensions brought about by fear, stress, or anxiety can easily put the victim to doubt or even distrust what should otherwise be a positive attitude of bringing the culprit to justice."[31] | |||||
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2005-09-14 |
PER CURIAM |
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| Contrary to appellant's assertion, complainant's credibility was not diminished by her failure to report the sexual abuses to the authorities and her relatives despite opportunities to do so. Delay in reporting the rape incidents, especially in the face of threats of physical violence, cannot be taken against the victim, more so when the lecherous attacker is her own father. Strong apprehensions brought about by fear, stress, or anxiety can easily put the offended party to doubt or even distrust what should otherwise be a positive attitude of bringing the culprit to justice. The Court has thus considered justified the filing of complaints for rape months, even years, after the commission of the offense.[25] | |||||
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2000-02-03 |
PER CURIAM |
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| Our cases show that those who commit rape are no respecter of time and place. The crime of rape has been known to be committed in places ordinarily considered as unlikely. The scene of the rape is not always nor necessarily isolated or secluded.[29] Rape can be committed in places where people congregate, in parks, along the roadside, within school premises, inside an occupied house and even in a room where other members of the family are also sleeping.[30] Among couples with big families who live in cramped quarters, the presence of other members of the family is not necessarily a deterrent to the commission of this crime.[31] In this case, it is not impossible for the rape to have taken place inside a small house with no partition and with five occupants therein, including accused-appellant and Bermalyne. | |||||