The Illustrated Guide to Criminal Law
Chapter 14: Do or Die
Duress pg 4: Charging Vicky
UNfortunately, Vicky has now been charged with several counts of prostitution.
Vicky surprised and worried
VICKY
Wait a minute, you can’t charge me with that!
Cop in military helmet
COP
Why not? You were intentionally having sex for money. That’s a crime in this state.
Vicky’s lower lip is trembling
VICKY
Because I did it under DURESS, that’s why not!
Vicky bawling
VICKY
They were going to kill me if I didn’t do what they said.
I had no choice!
Sure you did. You could have chosen to say no. Luckily for you however, your situation was one where the state considers “OK, I’ll do it” to be an acceptable answer.
I believe it was previously explained that ‘no choice’ in this context basically means ‘no equivalent or better choice’. In the state’s eyes, prostitution > death, so if her only other choice is death, ‘no choice’ is appropriate. (Haven’t read further, but judging by the previous example, her THINKING her only other choice is death would apply too. I do suspect that the threat may have been empty to match the fire in the previous one not being a real danger.)