How have courts treated the issue of duress in the context of sexual assault cases?
California, United States of America
The following excerpt is from Mould v. Mould (In re Marriage of Mould), C085068 (Cal. App. 2020):
Prejudice is shown only "when there is a ' "reasonable probability" ' that the error affected the outcome of the trial." (Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, 395, italics added.) Here, the record shows the issue of duress was never removed from the trial court's consideration. Instead, the issue of duress was addressed by the trial court in the statement of decision. For lack of prejudice, we reject the argument.
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