What is the definition of duress in the context of aggravated sexual assault on a child?
California, United States of America
The following excerpt is from People v. Holland, E066866 (Cal. App. 2018):
The definition of duress in the context of an aggravated sexual assault on a child is well established. Duress can be committed by use of threats, psychological pressure, or intimidation 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.'" (People v. Soto (2011) 51 Cal.4th 229, 246.)
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