Tuesday, December 28, 2010

rape

As we have ruled before, this is a lame and flimsy defense which is unworthy of belief. Parental punishment is not enough reason for a daughter to falsely accuse her father of rape. It takes depravity for a young girl to concoct a story which would put her own father on death row and drag herself and the rest of her family to a lifetime of shame. Mere disciplinary chastisement is not strong enough to make daughters in a Filipino family invent a charge that would only bring shame and humiliation upon them and their own family and make them the object of gossip in the community.[People v. Ardon, G.R. Nos. 137753-56, March 16, 2001, 354 SCRA 609, 624.)

It would have been contrary to human experience for complainant to concoct a sordid tale of rape, exposing herself to the humiliation of a public trial on such a sensitive issue as her chastity, and in such a small community where the residents knew each other. The Court need not belabor the fact that the offended party in a rape case is a victim many times over in a culture that puts a premium on purity or virginity. Rape stigmatizes the victim more than the perpetrator ( people vs alvin  caparas G.R. No. 134633 april14, 2004 )

the absence of spermatozoa does not necessarily negate rape.People vs. Albior, 352 SCRA 35 [2001]. 

the lack of fresh lacerations in complainant’s private part was immaterial because proof of hymenal lacerations is not an element of rape People vs. Vidal, 353 SCRA 194 [2001].

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