PEOPLE v DALISAY The victim in this case was, at the time of the incident, a 16-year 16-year-od -od ass, who, to!ether with her si"in!s, stayed with her mother#s ive-in $artner, a$$eant Daisay,in a rented second-%oor room in &airview, '(e)on *ity+ Their mother wor wored ed as a "a"y-sitter and he$er in aati *ity and ony came home at the end of every month+ Prior to this assa(t, a$$eant had aready "een re$eatedy moestin! the !ir since she was 1. years od "y insertin! his /n!er into her !enitaia+ 0owever, $aray)ed "y the terror that he wo(d mae rea his threats of anni an nihi hia ati tin! n! he herr fa fami miy y,, sh she e wa was s co com$ m$e eed ed to s( s(e err in si sie enc nce+ e+ 0e 0err tre$idation was f(rther f(eed "y her nowed!e that a$$eant aways carried a nife with him+ In the mornin! of 2(y 11, 344., the day after the (nfort(nate incident, the vic victim tim and her si siste sterr had a 5(a 5(arr rre ea a "e "ess ssin! in! in dis dis!(i !(ise, se, so to s$ea, as it res(ted in the atter r(nnin! away from their home and discosin! to their a(nt, who ived near"y, the se7(a a"(se+ It a$$eared that the victim#s sister witnessed an incident when a$$eant tho(!ht that everyone in the rented room was see$in! and $(ed o his dastardy act+ A$$eant, on arrai!nment, $eaded not !(ity, and, for his defense, mainy denied the acc(sation+ 0e f(rther caimed that the /in! of the char!es was ony ($on the insti!ation "y the victim#s a(nt who har"ored a !r(d!e a!ainst him+ The tria co(rt convicted a$$eant of 5(ai/ed ra$e with civi, mora and e7em$ary dama!es+ *A modi/ed the tria co(rt8s decision convictin! him of sim$e ra$e from 5(ai/ed ra$e+ ISS9E :O; the case is 5(ai/ed or sim$e ra$e "ased on the ae!ations in the com$aint+ <9LI;= Three $rinci$es !(ide the co(rts in resovin! ra$e cases> ?1@ an acc(sation for ra$e can "e made with faciity it is diBc(t to $rove "(t more diBc(t for the acc(sed, tho(!h innocent, to dis$rove ?3@ in view of the intrinsic nat(re of the crime of ra$e in which ony two $ersons are (s(ay invoved, the testimony of the com$ainant m(st "e scr(tini)ed with e7treme ca(tion and ?.@ the evidence for the $rosec(tion m(st stand or fa on its own merits, and cannot "e aowed to draw stren!th from the weaness of the evidence for the defense+
The *o(rt, therefor therefore, e, /nds a$$eant !(ity "eyond reasona" reasona"e e do("t of the crime of sim$e ra$e+ :hie it has "een $roven that a$$eant was the common-aw s$o(se of the $arent of the victim and the chid was a minor at the time of the incident, the *o(rt cannot convict a$$eant of 5(ai/ed ra$e ra $e "e "eca ca(s (se e th the e s$ s$ec ecia ia 5( 5(a aif ifyin yin! ! ci cirrc( c(ms msta tanc nces es of mi mino nori rity ty an and d reationshi$ were not s(Bcienty ae!ed in the inform information+ ation+ To reca, the information here err To erroneo(sy oneo(sy ae!ed that a$$eant was the ste$ st e$fa fath ther er of th the e vi vict ctim im++ Pr Prov oven en d( d(ri rin! n! th the e tr tria ia, , ho howe weve ver, r, wa was s th that at a$$e a$ $e an antt wa was s no nott ma marrri ried ed to th the e vi vict ctim im#s #s mo moth ther er,, "( "(tt wa was s on ony y th the e common-aw s$o(se of the atter+ &oowin! setted C(ris$r(dence, a$$eant is ia"e ony of sim$e ra$e $(nisha"e "y rec(sion $er$et(a+