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?

Category: Criminal
Date: 04/07/2025
State: California

Answer:

When consent to sexual activity is not given freely it is known as rape by duress. California Penal Code criminalizes rape by duress wherein sexual activity happens because of a direct or implied threat that is sufficient to coerce a reasonable person to concede to sexual intercourse.
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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the hostile work environment law in California?

In California, a hostile work environment occurs when an employee experiences harassment that is severe or pervasive enough to create an intimidating or abusive work atmosphere. This can include unwanted sexual advances, threats, or other discriminatory behavior based on protected characteristics such as gender, race, or sexual orientation. Victims of such harassment may file complaints with the California Department of Fair Employment and Housing (DFEH) or pursue legal action against their employer under the Fair Employment and Housing Act (FEHA). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What to do if your employer threatens to fire you?

If your employer threatens to fire you, document the threat and any related conversations. It's important to keep a record of dates, times, and details. You can report the threat to your HR department or a higher authority within your company. If the threat is related to illegal activity or discrimination, consider filing a complaint with a government agency like the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Seeking legal advice may also be beneficial to understand your rights and options. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can you sue if your boss threatens you?

Yes, you can potentially sue if your boss threatens you, especially if the threat involves illegal actions or creates a hostile work environment. Threats that lead to emotional distress or violate employment laws may provide grounds for a lawsuit. Document the threats and any relevant interactions, and consider consulting with an attorney who specializes in employment law to assess your situation and explore your legal options. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Is threatening someone grounds for termination?

Yes, threatening someone can be grounds for termination in California. Employers have a responsibility to maintain a safe work environment, and threats can create a hostile atmosphere. If an employee makes threats, especially those involving violence or harassment, the employer may take disciplinary action, including termination. It's advisable for employers to investigate any threats thoroughly before making a decision. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Is it illegal for my boss to threaten to fire me?

While it is not illegal for a boss to threaten to fire an employee, such threats can be problematic if they are made in a coercive manner or in retaliation for exercising legal rights, such as filing a complaint about harassment. If the threat is based on discrimination or violates labor laws, it may be illegal. Employees should document the threat and consider reporting it to HR or seeking legal advice. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*