This case has been cited 3 times or more.
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2011-03-06 |
VELASCO JR., J. |
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| Such argument, however, cannot prosper. Medical evidence is dispensable and merely corroborative in proving the crime of rape. Besides, a medical certificate is not even necessary to prove the crime of rape.[34] The gravamen of rape is carnal knowledge of a woman through force and intimidation.[35] | |||||
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2010-07-05 |
VELASCO JR., J. |
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| Appellant's carnal knowledge of the victim was established by her categorical narration of the incident. The victim clearly recounted how appellant pulled her in a secluded portion of the cemetery, removed her clothes, and had sexual intercourse with her.[18] Aware that appellant had committed an act she describes as "niyotnak" and "eyot", she said that she felt pain after the incident. Her testimony is supported by the medico-legal findings of lacerations on her hymen.[19] Lacerations, whether healed or fresh, are the best physical evidence of forcible defloration.[20] Moreover, when the victim's straightforward testimony is consistent with the physical finding of penetration, there is sufficient basis for concluding that sexual intercourse did take place.[21] | |||||
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2010-07-05 |
VELASCO JR., J. |
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| The examining physician's findings on record clearly do not imply that the rapes were committed before the dates Ogan was accused of raping AAA and BBB. Besides, there is no gainsaying that medical evidence is merely corroborative, and is even dispensable, in proving the crime of rape.[25] A freshly broken hymen is not required for a rape conviction.[26] | |||||