Can a person be convicted for rape by duress?
Full Question:
I am 25 years old living in California. I work in a real estate company. My boss threatened me that if I do not have sex with him, he will fire me and will make sure that I do not get a job anywhere else. I had no choice but to agree to have sex with him. Can I complain against him for rape?
12/05/2016 |
Category: Criminal |
State: California |
#27514
Answer:
Per California Penal Code §261:
“(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1)***
(2) Where it is accomplished against a person's will by means of . . . duress, . . . on the person or another.
***
(b) As used in this section, "duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.”
Therefore, you may file a complaint against your boss on the ground that he threatened you and you were coerced to have sex with him, which otherwise would not have happened.(1)***
(2) Where it is accomplished against a person's will by means of . . . duress, . . . on the person or another.
***
(b) As used in this section, "duress" means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.”
