This case has been cited 1 times or more.
|
2011-06-22 |
DEL CASTILLO, J. |
||||
| The fact that there is no evidence of resistance on the part of "AAA" does not cloud her credibility. "The failure of a victim to physically resist does not negate rape when intimidation is exercised upon [her] and the latter submits herself, against her will, to the rapist's assault because of fear for life and physical safety." [31] In this case, "AAA" was dragged by appellant with a knife pointed on her neck and warned not to shout or to reveal the incident to anyone or else she would be killed. That warning was instilled in "AAA's" mind such that even when appellant was just holding his weapon after the intercourse, she did not attempt to flee. The intimidations made by the appellant are sufficient since it instilled fear in her mind that if she would not submit to his bestial demands, something bad would befall her. "Well-settled is the rule that where the victim is threatened with bodily injury, as when the rapist is armed with a deadly weapon, such as a pistol, knife, ice pick or bolo, such constitutes intimidation sufficient to bring the victim to submission to the lustful desires of the rapist." [32] | |||||