California, United States of America
The following excerpt is from People v. Frith, B231993 (Cal. App. 2012):
Moreover, there is substantial evidence of duress in this case, which itself is sufficient to uphold the convictions. "'Duress' as used in this context means 'a direct or implied threat of force, violence, danger, hardship or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to (1) perform an act which otherwise would not have been performed or, (2) acquiesce in an act to which one otherwise would not have submitted.' [Citations.] 'The total circumstances, including the age of the victim, and [her] relationship to defendant are factors to be considered in appraising the existence of duress.' [Citation.] Other relevant factors include threats to harm the victim, physically controlling the victim when the victim attempts to resist, and warnings to the victim that revealing the molestation would result in jeopardizing the family. [Citations.]" (People v. Cochran (2002) 103 Cal.App.4th 8, 13-14.) The defendant's choice of an isolated location and disparity in size or age between the victim and the defendant are also relevant to duress. (People v. Superior Court (Kneip) (1990) 219 Cal.App.3d 235, 238-239.)
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