Can a reasonable trier of fact find duress within the meaning of subdivision (b) of section 288 of Section 288 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Rouse, H034647 (Cal. App. 2012):

However, as explained in People v. Soto, supra, 51 Cal.4th at page 243, People v. Espinoza, supra, 95 Cal.App.4th at page 1320, and People v. Schulz, supra, 2 Cal.App.4th at page 1005, a rational trier of fact can find duress within the meaning of subdivision (b) of section 288 even if there is no substantial evidence of overt duress if the trier of fact decides that the "inherent imbalance of power in an encounter between a child and an adult bent on sexual conduct" (Soto, supra, at pp. 245-246) made itself felt in a charged incident.

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