What factors are relevant to the definition of duress in a sexual assault case?
California, United States of America
The following excerpt is from People v. Moon, F069168 (Cal. App. 2017):
"Duress can arise from various circumstances, including the relationship between the defendant and the victim and their relative ages and sizes. [Citations.] 'Where the defendant is a family member and the victim is young, . . . the position of dominance and authority of the defendant and his continuous exploitation of the victim' is relevant to the existence of duress. [Citation.]" (People v. Senior (1992) 3 Cal.App.4th 765, 775.)10
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