The Role Of Duress In Child Sexual Abuse
Duress in child sexual abuse. Duress can, and often does, play a role in child sexual abuse. By being aware of the role that duress often plays in cases of child sexual abuse, it is easier to understand why child sexual abuse happens and the long-term damage it creates.
No matter the child sexual abuse that has taken place, you should always speak with a child sexual abuse lawyer. By doing so, you will learn what your rights are and what legal options are available to you.
What Is Duress?
Duress is defined as the following: when an individual makes unlawful threats or engages in coercive behavior that causes another person to commit acts that they would normally not commit.
Many different criminal acts can, and often do, involve duress. But, duress is often especially frequent in cases of sexual abuse, including those that involve children.
Some examples of the different ways duress has been used in cases of child sexual abuse are as follows:
- A juvenile correctional officer forces a child to commit sexual acts in front of them under the threat of getting in trouble.
- A grown man is forcing a child to let them commit sexual acts upon them under the threat of violence.
- A woman assaults a child and then further threatens that child until they perform sexual acts in front of them.
Each one of these scenarios is slightly vague. But, they are also truthful, and, more importantly, they involve the deliberate use of duress to commit acts of child sexual abuse.
On their own, these acts of child sexual abuse are crimes. But, the presence of duress makes these crimes slightly more significant, allowing for greater charges to be given and greater damages to be awarded.
How Does Duress Affect A Child Sexual Abuse Case?
Within the state, a wide variety of acts are considered child sexual abuse under California criminal law. Some of these acts are as follows:
- Rape
- Sodomy
- Oral Copulation
- Incest
- Fondling
Each one of these acts, when committed against a child, is an act of sexual abuse. On their own, these acts come with serious criminal charges and the potential for damages. But, when duress is present, the charges become even more significant.
Just to name one example, any and all lewd and lascivious acts with a child can come with a sentence ranging from three to eight years in California state prison. But, if duress were present, that sentence would be five to ten years in California state prison.
To name one more example, there is oral copulation by force. On its own, oral copulation can lead to anywhere from one-to-three years in jail or prison. But, if duress was present when the act was being committed, then this sentence can be anywhere from five to ten years.
Speak With A Child Sexual Abuse Lawyer
Every case of child sexual abuse deserves to be taken seriously. Speak with a California child sexual abuse attorney at Beck Law P.C. today, and we will assist you in obtaining justice for the abuse that has taken place.
