This case has been cited 1 times or more.
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2008-11-28 |
AUSTRIA-MARTINEZ, J. |
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| Q. How long that you said Nestor Veluz doing this pumping motion on AAA? A. More or less three minutes, sir.[37] Appellant argues that the description of AAA of her alleged rape is inconsistent with the testimony of Rivera.[38] Appellant cites the testimony of AAA that she was facing downward[39] and the appellant lay on top of her[40] when the intercourse took place. Rivera, on the other hand, testified that he and AAA were lying on their side and facing each other during the sexual intercourse. It must be remembered that a rape victim, most especially in case of a retarded person, cannot be expected to remember or recount in utmost clarity and consistency the details of her harrowing and humiliating experience.[41] In addition, victims of rape are not expected to have an errorless recollection of the incident which was so humiliating, and painful that they might in fact be trying to obliterate it from their memory.[42] Thus, inaccuracies and inconsistencies are to be expected in the rape victim's testimony.[43] | |||||