Facts: At about 1 in the morning, sometime in March, 1995, private complainant Rassel Enriquez was walking towards the house of Lani Villegas when she was allegedly approached by the accused and poked a knife at her. Villegas passed by but Enriquez did not ask for help. Complainant did not run nor did she shout for help even though she was near Villegas’ house when she was accosted. Afterwards, she was brought to the house of Joel Oliger, a friend of the accused, which was about 30 minutes away, and while walking, they had a conversation. On cross-examination, the complainant testified that the room where she was raped was in a squatter’s area with the room located near each other. She admitted that when accused forced her to lie down, the accused held both of her shoulders and the knife was no longer pointed at her. She did not kick or offer any resistance and he succeeded in having carnal knowledge of her. Thereafter, they left the house and walked back to Villegas’ place.
Issue: Whether the prosecution failed to establish that the sexual congress was not consensual.
Held: The prosecution failed to meet the standard necessary to secure conviction. In rape cases alleged to have been committed by force, it is imperative for the prosecution to establish that the element of voluntariness on the part of the victim be absolutely lacking. The prosecution must prove that force or intimidation was actually employed by the accused upon his victim to achieve his end. Failure to do so is fatal to its cause. Private complainant’s actuation before, during and after the alleged rape fails to convince the court that she was raped against her will. She had every opportunity to make an outcry against the rapist or shout for help, had she wanted to. But she did not.
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