duress

Section 53a-82 makes it unlawful for any person eighteen years of age or older to engage, agree to engage, or offer to engage in sexual conduct for a fee. The offense applies whether the act is completed or merely solicited, emphasizing that the exchange of sexual conduct for money itself constitutes the violation. A first offense is classified as a Class A misdemeanor, which is punishable by up to one year in jail, a fine of up to $2,000, or both.

The defendant alleged that he was induced to make and execute an agreement to pay the plaintiff various amounts following the breakdown of their 10-year relationship, including: payment of US $50,000 (with US $30,000 to be paid initially followed by the remainder; this was subsequently amended to US $60,000), payment of the plaintiff’s rental and medical expenses for 12 months, the purchase of furniture and a computer, and the provision of financial support to the plaintiff’s daughter who was studying.

After pleading guilty to defensive homicide and being sentenced, the applicant appealed her sentence.  The applicant’s violent and abusive partner, Mr. Mifsud, had compelled the applicant to kill the victim, Mr. Nankervis, by threatening to kill her family unless she killed Mr. Nankervis.  The sentencing judge described the applicant’s offense as a “very grave example” of defensive homicide on the basis that Mr. Nankervis was innocent, Mr. Mifsud was absent at the time of the killing so the applicant could have gone to the police, and because the attack on Mr.