California, United States of America
The following excerpt is from People v. Alvarado, 2d Crim. No. B272060 (Cal. App. 2017):
standard, a jury [can] find that the defendant used threats or intimidation to commit a lewd act without resolving how the victim subjectively perceived or responded to this behavior." (People v. Soto (2011) 51 Cal.4th 229, 246.) The relevant factors include the age and size of the victim, the victim's relationship to the defendant, threats to harm the victim, physical control of the victim when the victim attempts to resist, and warnings to the victim that revealing the molestation would result in jeopardizing the family. (People v. Veale (2008) 160 Cal.App.4th 40, 46.) A rational trier of fact can find duress where there is an "inherent imbalance of power in an encounter between a child and an adult bent on sexual conduct." (People v. Soto, supra, 51 Cal.4th at pp. 245-246.)
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