giving free and voluntary consent because he/she is deprived of reason or otherwise unconscious or that the offended party is under 12 years of age or is demented. Contrary to the accused-appellant's asseverations, KKK's consent was wrestled from her through force and intimidation both of which were established beyond moral certainty by the prosecution through the pertinent testimony of KKK, viz: On the October 16, 1998 rape incident: (Direct Examination) ATTY. LARGO: Q So, while you were already lying on the bed together with your husband, do you remember what happened? A He lie down beside me and asked me to have sex with him. Q How did he manifest that he wanted to have sex with you? A He put his hand on my lap and asked me to have sex with him but I warded off his hand. Q Can you demonstrate to this Court how did he use his hand? A Yes. "witness demonstrating on how the accused used his finger by touching or knocking her lap which means that he wanted to have sex." Q So, what did you do after that? A I warded off his hand and refused because I was not feeling well. (at this juncture the witness is sobbing) Q So, what did your husband do when you refused him to have sex with you? A He insisted and he pulled my pantie forcibly, that is why my pantie [sic] was tom. Q Why, what did you do when he started to pull your pantie [sic]? A I resisted and tried to hold my pantie [sic] but I failed, because he is so strong. xx xx Q So, when your pantie [sic] was tom by your husband, what else did he do? A He flexed my two legs and rested his two legs on my legs. Q So after that what else did he do? A He succeeded in having sex with me because he held my two hands no matter how I wrestled but I failed because he is stronger than me.