This case has been cited 2 times or more.
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2010-12-15 |
VELASCO JR., J. |
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| In reviewing the evidence in rape cases, the following considerations should be made: (1) an accusation for rape can be made with facility, it is difficult to prove but more difficult for the person, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[53] Nonetheless, it is also worth noting that rape is essentially committed in relative isolation or secrecy; thus, it is most often only the victim who can testify with regard to the fact of forced coitus.[54] | |||||
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2001-03-07 |
YNARES-SANTIAGO, J. |
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| This Court has ruled that the test of sufficiency of force or intimidation in rape is whether it produces a reasonable fear in the victim that if she resists or does not give in to the sexual demands of the accused, the threat would be carried out.[6] | |||||