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Case Digest on People v. Santiago December 2, 1999

November 25, 2010


The victim was asleep with her child when she woke up after hearing a noise in the house.  She went downstairs thinking it was her husband but it was actually the accused that entered the victim’s house with a scythe.  The accused ordered the victim to remove her clothing & underwear.  The victim refused so she was threatened with her and her child’s death.  The accused raped the victim and threatened her again with death if she told anyone about the incident.  Charged with rape, the accused gave the defense of alibi and the fact that there was no presence of sperm in the victim.

Held:

Where there is even the least chance for the accused to be present at the crime scene, alibi will not hold water.  The victim also positively identified the accused and it is settled that the negative presence of sperm is immaterial in the crime of rape. Penetration and not emission is the important consideration.

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