Case Summary (G.R. No. 116292)
Element of Intimidation in Rape
- The accused, Jimmy Peero, argued that it was unreasonable for Maria Primavera to be frightened by him, given their familial relationship.
- The court countered that Maria's fear was justified due to the circumstances: Peero was armed with an unsheathed bolo, had his pants unzipped, and exhibited a lascivious demeanor.
- Such behavior is likely to incite fear in any woman, regardless of her relationship with the aggressor.
Credibility of Victim's Response Under Emotional Stress
- The accused contended that Maria could have called for help, implying that her failure to do so negated the occurrence of rape.
- The court found this argument to be implausible, noting that provoking Peero could have resulted in further harm to Maria and her unborn child.
- Human reactions to emotional stress are unpredictable; individuals may respond in various ways, including shock or silence.
Submission Under Intimidation Not Equating to Consent
- The court emphasized that Maria's submission was a result of intimidation, not consent, due to Peero's threatening behavior and her vulnerable condition.
- The law does not require a rape victim to demonstrate physical resistance to establish the crime of rape.
- Intimidation can render any form of consent invalid, as the victim submits out of fear for her safety.
Evidence of Force in the Commission of Rape
- Medical evidence contradicted the accused's claim that no force was used during the sexual act.
- An abrasion at the vaginal entrance and contusions on Maria's elbow indicated that force was indeed employed.
- The presence of torn clothing further supported the conclusion that the sexual encounter was non-consensual.
Immediate Disclosure of the Incident
- Maria's immediate report of the incident to her husband and the police undermined the accused's claim that the sexual encounter was consensual.
- The court noted that if Maria had consented, she would likely have concealed the incident to avoid disgrace.
- The accused's failure to provide credible witnesses to support his defense further weakened his position.
Respect for Trial Court's Findings of Fact
- The court reiterated that findings of fact are primarily the domain of trial courts, which are afforded...continue reading