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PEOPLE v. EDUARDO ABOGANDA

This case has been cited 1 times or more.

2010-03-09
PEREZ, J.
Appellant noted a discrepancy on the dates provided in the documentary evidence presented by the prosecution. The alleged date of the last crime of attempted rape was committed on 21 November 2003. On the other hand, AAA underwent medical examination presumably after the attempted rape but the date indicated in the medical report was 3 November 2003. Indeed, there seems to be an error in specifying the dates. At any rate, errors or inconsistencies as to the exact time or date or day of the week when the rape was consummated do not impair the credibility of the complaining witness, for as long as there is consistency in relating the principal occurrence and positive identification of the assailant.[36] Moreover, the exact date is not an essential element of rape.[37] It bears no significance to the actual commission of the crime.