Does a sexual assault defendant have a valid claim to have made a threat to the victim that they would not perform the sex act?
California, United States of America
The following excerpt is from The People v. Vera, F059863, No. 09CM1612 (Cal. App. 2011):
Appellant argues his threat to the victim was directed at later disclosure of the molestation, and not the failure to perform the sex act itself, so it did not place pressure on the victim to submit to the molestation. This argument was rejected in People v. Senior (1992) 3 Cal.App.4th 765 (Senior), as follows: "Defendant relies on opinions that distinguish between warnings enjoining nondisclosure and noncompliance. [Citations.]
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