California, United States of America
The following excerpt is from People v. Romano, C063943, Super. Ct. No. CRF 08-2117 (Cal. App. 2011):
Alternatively, defendant's convictions are supported by substantial evidence of duress. Duress is established where there is "'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.]" (People v. Cochran (2002) 103 Cal.App.4th 8, 13, disapproved on other grounds in People v. Soto (2011) 51 Cal.4th 229, 248, fn. 12.) This definition is appropriate where, as here, both crimes must be committed "against the victim's will" ( 288a, subd. (c)(2)(A), 289, subd. (a)(1)(A)), and thus "lack of consent must be proven" (People v. Soto, supra, at pp. 242-243.)
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