Three guiding principles in

reviewing rape cases and

determining guilt or innocence of
the accused.
In reviewing rape cases and determining the guilt or innocence of the accused, this Court is
guided by three principles: (1) an accusation for rape can be made with facility; it is difficult to
prove, but more difficult for the person accused, though innocent, to disprove; (2) in view of the
intrinsic nature of the crime of rape where only two persons are usually involved, the testimony
of the complainant must be scrutinized with extreme caution; and (3) the evidence for the
prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the
weakness of the evidence for the defense. People vs. Obar, Jr., 253 SCRA 288, G.R. No. 105688
February 7, 1996

Elements of Common-Law or
Forcible Rape

Sexual intercourse, ( A slight penetration of the female sex organ is sufficient to amount
to a sexual intercourse in certain jurisdictions)

Force or threat,

Lack of consent of the victim

Common Defense in the Crime of

Rape

There has been a consent

Former Lovers

Denial that he was the one who committed the crime

Mentally Ill