In a sexual assault case, in what circumstances would a minor who was raped have to physically resist the assault by pushing or hitting the victim in order to unequivocally communicate to her that she wanted to stop?

California, United States of America


The following excerpt is from People v. J.H. (In re J.H.), H044463 (Cal. App. 2018):

3. We reject minor's contention that victim should have resorted to acts of physical violence, such as hitting or pushing minor, in order to unequivocally communicate to minor that she wanted to stop. Doing so might have prompted a violent physical retaliation. (See People v. Griffin (2004) 33 Cal.4th 1015, 1024-1025 (Griffin) [discussing elimination of resistance requirement from rape statute due to concerns that victims who resisted often suffer greater physical injury].)

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