the face of threats of physical violence, cannot be taken against the victim because
delay in reporting an incident of rape is not an indication of a fabricated charge and
does not necessarily cast doubt on the credibility of the complainant."[19]
Appellant's contention that it was quite impossible for "AAA" to have attended her
afternoon classes after having been sexually abused fails to persuade. It has been
consistently ruled that "no standard form of behavior can be anticipated of a rape
victim following her defilement, particularly a child who could not be expected to
fully comprehend the ways of an adult. People react differently to emotional stress
and rape victims are no different from them."[20]
Neither did the absence of physical injury on "AAA" taint the veracity of her
testimony. "Infliction of physical injury is not an essential element of rape."[21]
As to appellant's claim that there was no resistance exhibited by "AAA" before and
during the incidents since they had an amorous relation, the same cannot be taken
in his favor. "Tenacious resistance against rape is not required; neither is a
determined or a persistent physical struggle on the part of the victim necessary. x x
x Rape through intimidation includes the moral kind such as the fear caused by
threatening the girl with a knife or pistol."[22] In the case at bar, appellant's act of
pointing a knife at "AAA" while doing his dastardly acts easily cowed the latter into
submission.
The "sweetheart theory" claimed by appellant is futile. It was never substantiated
by the evidence on record. The only evidence adduced to show such relationship
were his testimony and that of his wife. The alleged love letter supposedly written
by "AAA" was never presented in court. Thus, other than his self-serving assertion
and that of his wife, which were rightly discredited by the trial court, nothing
supported his claim that he and "AAA" were indeed lovers. As the Court emphasized
in People v. Gito[23] "being sweethearts does not negate the commission of rape
because such fact does not give appellant license to have sexual intercourse against
her will and will not exonerate him from the criminal charge of rape. Being
sweethearts does not prove consent to the sexual act."
This Court finds no reason to reverse appellant's conviction for rape in Criminal
Case No. FC-00-780. "AAA" categorically testified that on April 10, 2004, the
appellant had carnal knowledge of her against her will and consent, viz.:
PROS. NEBRES:
q- Now, madam witness, will you please tell us where were you on April 10, 2004
at about 12 o'clock noon if you can still recall?
a- At xxx Albay.