In what circumstances will a court reject a claim of duress in a sexual assault case?

California, United States of America


The following excerpt is from People v. Wilkerson, 6 Cal.App.4th 1571, 8 Cal.Rptr.2d 392 (Cal. App. 1992):

In People v. Sanchez (1989) 208 Cal.App.3d 721, 256 Cal.Rptr. 446, the Fourth Appellate District followed Pitmon and rejected the appellant's contention that evidence of duress was lacking in his trial for violating section 288, subdivision (b) repeatedly over a three-year period. The court noted that when the offenses began, the victim was eight years old and viewed the defendant, her grandfather, as a father figure. (208 Cal.App.3d at pp. 747-748, 256 Cal.Rptr. 446.)

Other Questions


In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
In a sexual assault case, what is the test for a plaintiff's claim that the trial court did not abuse its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.