The Illustrated Guide to Criminal Law
Chapter 14: Do or Die
Duress pg 7: No free will, no crime
Duress is a complete defense because you’re being forced to do it against your will.
Average Joe in scholar hat, at a chalkboard listing “Elements” (of a crime) “1. mens rea” and “2. actus reus.” He’s erasing the “mens rea” line.
AVERAGE JOE
That pretty much does away with the whole “mens rea” thing.
And thus the whole “crime” thing, really.
In this case, the Golden Horde threatened to kill Vicky there and then if she didn’t commit prostitution for them.
She was in perfectly reasonable fear for her life, and could not have escaped.
So yes, Vicky can assert the defense of Duress. She may have committed the act, but she committed no crime.
Vicky looking at the reader
VICKY
Didn’t I just say that?
