This case has been cited 1 times or more.
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2009-04-16 |
CHICO-NAZARIO, J. |
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| The defense blames private complainant for not duly resisting accused-appellant, considering that she was an adult woman of 33 years while accused-appellant was only 22, drunk and unarmed. Suffice it to say that in rape cases, the law does not impose a burden on the private complainant to prove resistance. The degree of force and resistance is relative, depending on the circumstances of each case and on the physical capabilities of each party. It is well settled that the force or violence required in rape cases is relative; when applied, it need not be overpowering or irresistible.[21] When force is an element of the crime of rape, it need not be irresistible; it need but be present, and so long as it brings about the desired result, all consideration of whether it was more or less irresistible is beside the point.[22] | |||||