Is necessity a defense in a sexual assault case?

California, United States of America


The following excerpt is from Malone, In re, 12 Cal.4th 935, 50 Cal.Rptr.2d 281, 911 P.2d 468 (Cal. 1996):

4 The Lovercamp decision recognized necessity as a defense to escape. The court held the defense was strictly limited, however, to circumstances where the escapee was facing an imminent threat of death, substantial bodily injury or sexual attack, had no opportunity to complain to authorities (or such complaints would have been futile), used no violence in the escape, and turned him or herself in immediately upon reaching a position of safety from the immediate threat. (People v. Lovercamp, supra, 43 Cal.App.3d at pp. 831-832, 118 Cal.Rptr. 110.)

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