What is the trier of fact in determining whether a defendant used duress to sexually abuse a minor?
California, United States of America
The following excerpt is from People v. Allison, E064502 (Cal. App. 2017):
The trier of fact considers the totality of the circumstances to determine whether a defendant used duress, including the relative ages and sizes of the victim and the defendant, the victim's relationship to the defendant, warnings to the victim that disclosing the molestation would result in consequences, and physically controlling the victim when he or she tries to resist. (People v. Veale, supra, 160 Cal.App.4th at p. 46;
Page 26
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
Can a defendant who was accused of sexually abusing a minor at the time of the allegation have sexual attractions to adults? (California, United States of America)
What is the test for determining whether a minor was responsible for a sexual assault on a minor? (California, United States of America)
What is the test for determining whether a defendant has been found to have committed a sexual assault against another defendant? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a minor intended to sexually assault another minor? (California, United States of America)
Does a defendant have to re-weigh the evidence to determine whether the trial court abused its power to grant an order for an abuse of power? (California, United States of America)
