This case has been cited 3 times or more.
|
2003-08-06 |
YNARES-SANTIAGO, J. |
||||
| Appellant claims that the victim's failure to resist the assault and the delay in reporting the case to the authorities are sufficient to impair her credibility. We disagree. Physical resistance need not be established in rape when intimidation is exercised upon the victim herself. As held in People v. Las Pinas, Jr.,[21] the test is whether the intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. When resistance would be futile, offering none at all does not amount to consent to sexual assault. The law does not impose upon a rape victim the burden of proving resistance. | |||||
|
2002-10-28 |
Mendoza, J. |
||||
| In People v. Las Piñas, Jr.,[13] it was held: [T]he test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount | |||||