People v. Lovercamp
California Courts of Appeal
118 Cal. Rptr. 110 (1974)
Relevant factsFree
Lovercamp and Wynashe were repeatedly threatened and attacked by fellow inmates attempting to force them into sexual acts, their complaints to prison authorities went unheeded, and after a final violent confrontation they feared for their lives and fled, only to be quickly recaptured and charged with escape, with the trial court rejecting their offer of proof supporting a necessity defense.
IssueFree
Whether a limited defense of necessity for the crime of escaping from lawful incarceration exists, if the defendant was escaping from a specific threat of death, forcible sexual attack, or serious bodily injury in the immediate future, and certain other conditions are met.