California Landmark Cases on Duress
'Duress' has been defined as '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.' . . .
Duress involves psychological coercion.
Duress can arise from various circumstances, including the relationship between the defendant and the victim and their relative ages and sizes.
'Where the defendant is a family member and the victim is young, . . . the position of dominance and authority of the defendant and his continuous exploitation of the victim' is relevant to the existence of duress.' (People v. Schulz (1992) 2 Cal.App.4th 999, 1005.)
"'Other relevant factors include threats to harm the victim, physically controlling 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, quoting People v. Cochran (2002) 103 Cal.App.4th 8, 14.)