What is the test for determining whether a sexual assault was committed under duress?

California, United States of America


The following excerpt is from People v. Reese, C070486 (Cal. App. 2013):

would not otherwise do [or submit to]. When deciding whether the act was accomplished by duress, consider all the circumstances, including the age of the child and (his/her) relationship to the defendant." (Soto, supra, 51 Cal.4th at p. 246, fn. 9.) Factors to be considered in assessing the presence of duress include the age of the victim; the victim's relationship to defendant; whether the defendant threatened to harm the victim, physically controlled the victim when the victim attempted to resist, or warned the victim that revealing the molestation would jeopardize the victim's family. (People v. Veale (2008) 160 Cal.App.4th 40, 45-46.)

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