People v. Unger case brief

 

• People v. Unger- ∆ was threatened by a fellow inmate who took out a knife to force him to have homosexual intercourse. After his transfer, he was sexually molested by 3 inmates and from then on he received continuous threats of homosexual rape. ∆ says he left the honor farm to save his life and he planned on returning once he found help. Judgment reversed for ∆

• Can’t be precluded from raising defense just b/c all factors for the Lovercamp were not met.
  • He should have alerted authorities once he was out of danger
  • The defenses of necessity and duress are NOT available if the prisoner fails to turn himself in once he reaches a point of safety