This case has been cited 2 times or more.
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2004-06-29 |
PER CURIAM |
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| Appellant further asserts that it is highly improbable for him to have sexually abused his own daughter for his family members only live in one room. Our jurisprudence is replete with cases of incestuous rapes committed in the very same room where the members of the family live.[27] Thus, the oft-quoted statement that "lust is no respecter of time and place."[28] Here, records show that appellant committed the crime at the time when Mary Grace was alone at home doing her homework. | |||||
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2003-10-16 |
PER CURIAM |
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| Contrary to appellant's contention, rape is not rendered impossible simply because the siblings of the victim who were with her in that small room were not awakened during its commission. Lust has no regard for time and place. Likewise, there is no rule that rape can only be committed in seclusion. In fact, rape has been done even in places where people gather or when there are other occupants in the same room or where other members of the family are also sleeping. Moreover, young children sleep more soundly than grown-ups and they are not easily awakened by adult exertions, gyrations or suspirations in the night.[38] | |||||