The fact that the dress and panty of Agnes were not torn cannot disprove that she was raped. The force or violence necessary in rape is a relative term, depending on the size, age and strength of the parties and their relation to each other. Agnes was only thirteen years old at the time she was raped by the accused-appellant who was then already in his late thirties. Her resistance was inadequate to repulse the assaults of the accused-appellant. There is rape when force or intimidation was exerted on a woman and there was carnal knowledge against her will. Even the absence of external injuries does not negate her accusation of rape. Proof of injury or damage is not an essential element of the crime. [G.R. No. 93026-27. December 17, 1996]
