Friday, October 24, 2014

JUSTICE PERALTA:

     DELAY IN REPORTING RAPE CASES: Delay in reporting an incident of rape due to death threats does not affect the credibility of the complainant, nor can it be taken against her. The charge of rape is rendered doubtful only if the delay was unreasonable and unexplained. BBB explained that she did not immediately report the abduction, rape and detention of her daughter to the authorities, because Egap threatened to kill AAA, who was then in his custody. Further, BBB testified that, on another occasion, Egap threatened to kill her if she dared to report the matter to the authorities. True enough, when Egap learned that she did what he forbade her to do, he made good his threat and shot her at the back. Thus, BBB's delay in reporting the incident for five months should not be taken against her. (PEOPLE VS. MADSALI [2010], PERALTA, J.).

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