This case has been cited 2 times or more.
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2011-06-08 |
PERALTA, J. |
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| The crime of rape was also established by the prosecution. Appellant Lando succeeded in having carnal knowledge of AAA through the use of threat and intimidation. AAA testified that on May 9, 2002, appellant Lando brought her to a hotel to hide her from Fred and Bert, who intended to kill her. Appellant Lando told her to follow his orders, otherwise, he will give her to Fred and Bert. While in the hotel, appellant Lando raped her. [44] Clearly, for fear of being delivered to Fred and Bert and of losing her life, AAA had no choice but to give in to appellant Lando's lustful assault. In rape cases, the credibility of the victim's testimony is almost always the single most important factor. When the victim's testimony is credible, it may be the sole basis for the accused's conviction. [45] This is so because owing to the nature of the offense, in many cases, the only evidence that can be given regarding the matter is the testimony of the offended party. [46] | |||||
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2010-02-04 |
PERALTA, J. |
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| More importantly, in rape cases, the credibility of the victim's testimony is almost always the single most important factor. When the victim's testimony is credible, it may be the sole basis for the accused's conviction.[25] This is so because, owing to the nature of the offense, in many cases, the only evidence that can be given regarding the matter is the testimony of the offended party.[26] | |||||