i think nagkamali lang si usokpower. from the sense of his post, he actually meant to say burden of proof is on the side of the accuser or prosecution.

Rape is defined and punished by RA8353 which amended the Revised penal code.

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of ***ual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
in nicole's case, rape was committed "when the offended party is deprived of reason or otherwise unconscious." in her testimony, she said at some point she became unconscious and that was when the *** took place.

theveed poses a very interesting question when he asked at what point does drunkeness or being high on drugs lead to being "deprived of reason"? a drunk or high female agrees (or does not put up any resistance) to having ***, but when the act is done and she becomes sober, she cries rape. that can be a very scary situation for a guy who thought he just scored. i've researched a bit, but most cases just show the girl was completely unconscious or asleep.

i myself have a "bangbus" theory of what really happened, but then again Judge Pozon based his decision from evidence presented during a full blown trial. after reading his comments on the paper and what little of the decision was published, i'm more inclined to say there was a just decision. my professor who is also a judge and colleague of Pozon says that he is not as convinced but in the same breath says that he didn't try the case and he has a high regard for his fellow judge.