PEOPLE V. CLEMENTE
October 13, 1999
Complainant was selling balut in front of Lanai beerhouse when she met accused. They had sexual intercourse in friend's house.
Issue: Whether or not there was rape?
Supreme Court Decision: No.
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 to be absolutely lacking.
Testimony inexorably shows that complainant obviously consented to the sexual act which was
done not only once but twice. No woman would meekly give in to a sexual intruder where her
life is not in serious jeopardy.
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