Defense attorneys often argue that there had to be physical resistance, but the modern view is that fear of harm and the relative strengths of the man and the woman are obvious deterrents to a woman fighting back.
Balancing involves weighing competing rights against each other and analyzing the relative strengths of many different factors. A balancing decision is dependent upon the circumstances of each individual case.
 See also: Case, Cause, State, Law, Force
  
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