California, United States of America
The following excerpt is from People v. Cardenas, 21 Cal.App.4th 927, 26 Cal.Rptr.2d 567 (Cal. App. 1994):
However, appellant also argues that any compliance attributable to his statements was unreasonable. The argument fails. Even unreasonable fear of immediate bodily injury may suffice if the accused knowingly takes advantage of that fear in order to accomplish a sexual offense. (See People v. Jeff, supra, 204 Cal.App.3d at pp. 324-325, 251 Cal.Rptr. 135 [sexual intercourse].) In any event, this was a question of fact presented to the jury, and under the circumstances presented--appellant's trading upon strongly held religious beliefs--we will not conclude as a matter of law that the compliance by the victims was unreasonable.
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