Practice question
The prosecution relies only on the officer’s statement that the person did not resist. Is that necessarily enough to prove consent?
- Yes, nonresistance equals intelligent waiver
- Yes, resistance is required to preserve constitutional protection
- No witness testimony can ever help establish consent
- The accused must prove a completed assault before challenging consent
- No
Legal references
- People v. Sapla, G.R.244045, June16 2020: https://lawphil.net/judjuris/juri2020/jun2020/gr_244045_2020.html
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