This case has been cited 1 times or more.
|
2014-06-04 |
LEONARDO-DE CASTRO, J. |
||||
| But the Court, in People v. Jastiva[34] taught that it does not follow that because the victim failed to shout for help or struggle against her attacker means that she could not have been raped. The force, violence, or intimidation in rape is a relative term, depending not only on the age, size, and strength of the parties but also on their relationship with each other.[35] And physical resistance need not be established in rape when intimidation is exercised upon the victim and the latter submits herself against her will to the rapist's advances because of fear for her life and personal safety,[36] or the exercise of the moral ascendancy of the rapist over the victim. | |||||