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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