Where the victim is a child, the absence of medical evidence of penetration does not negate the commission of rape

Where the victim is a child, the absence of medical evidence of penetration does not negate the commission of rape. The presence of hymenal lacerations is not a required element in the crime of rape.[14] What is essential is evidence of penetration, however slight, of the labia minora, which circumstance was proven beyond doubt by the testimony of AAA.[15] Besides, the prime consideration in the prosecution of rape is the victim’s testimony, not necessarily the medical findings; a medical examination of the victim is not indispensable in a prosecution for rape.  The victim’s testimony alone, if credible, is sufficient to convict.[16] AAA was categorical and straightforward in narrating the sordid details of how the appellant ravished her.

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/189821.htm

Advertisements

About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Evidence, Rape and tagged . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s