This case has been cited 1 times or more.
|
2001-03-26 |
MENDOZA, J. |
||||
| We would like to make it of record also that the witness said "dugo" only which means "blood," your Honor.[47] Juvelyn's claim that she had been raped by accused-appellant is consistent with the medical findings that her hymen is not intact. When a victim's testimony is corroborated by the physician's finding of penetration, as when the hymen is no longer intact, there is sufficient foundation to find the existence of the essential requisite of carnal knowledge.[48] The absence of physical injuries on Juvelyn and her failure to shout for help also do not preclude rape.[49] Moreover, for rape to exist, it is not necessary that the force or intimidation employed be so great or of such character as could not be resisted. It is enough that the intimidation produces such fear in the victim that if she does not yield to the demands of the accused, something grave would happen to her. Intimidation would also explain why there were no traces of struggle which would indicate that the victim fought off her attacker.[50] In fact, lack or even absence of resistance is not necessary because the law does not impose upon a rape victim the burden of proving resistance.[51] As against the foregoing, the denial interposed by accused-appellant cannot prevail. | |||||