Can you legally shoot AFTER a rape? - Page 2

Can you legally shoot AFTER a rape?

This is a discussion on Can you legally shoot AFTER a rape? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Depends on the laws in the jurisdiction in question. In Florida, under the Castle Doctrine here, it would be completely lawful. Matt...

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Thread: Can you legally shoot AFTER a rape?

  1. #16
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    Depends on the laws in the jurisdiction in question.

    In Florida, under the Castle Doctrine here, it would be completely lawful.

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  2. #17
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    There is no way to tell if the threat is over or not ! He could be thirsty and going to get a drink before round two. First chance she had to defend herself she should take it. If he is still in the house/apartment the threat isn't gone.
    I don think any PA would even file charges against her in a case like that.

  3. #18
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    My take, the threat isn't over till he is out of the house and the doors are re-locked.

    While I can see that some would want to call this murder, and perhaps a DA would go for it, I can't see a jury buying that, especially if the man is DEAD and can't put out a false claim of consent.

    That claim of course could muddy waters o an SD claim badly in an aftermath like this. Especially if the BG is a current or former boy friend. And also if there are no physical injuries on the victim.

    FWIW, in the one case I know about with a family member she was beaten so badly there would have been no doubt that she feared for her life continuously.

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  5. #19
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    I really don't think there would be anyone who would question it. He just raped her. He's still a threat. Shoot him.
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  6. #20
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    Quote Originally Posted by MattInFla View Post
    Depends on the laws in the jurisdiction in question.

    In Florida, under the Castle Doctrine here, it would be completely lawful.

    Same with Alabama's stand your ground laws. She has no way of knowing if he's about to do it again, or if he is going to kidnap and take her some where else once he's dressed...
    Attempts to rape and kidnap both meet AL's prereqs for lethal force.
    Section 13A-3-23
    ...A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is:

    (1) Using or about to use unlawful deadly physical force.

    (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.

    (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
    I guess she could also argue that she reasonably believed he was about to rob her after he finished putting his pants back on.
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  7. #21
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    In my state, Oregon, a citizen is legally authorized to use force up to and including deadly force to protect against imminent violent felony against a person. That includes rape, and rape would legally justify the use of deadly force if a person deemed it necessary to stop the commission of the violent felony.

    While there are no "stand your ground" type statutes in Oregon, the "reasonable man" standard and the use-of-force statutes essentially authorize a person to use a reasonable amount of force to stop the crime. Shoplifting would hardly justify use of a firearm to stop, in Oregon. But avoiding any violent felony certainly would.

    But there is no legal statute (in Oregon) that covers an individual citizen effectively punishing a felon for a prior deed (even seconds earlier). The only real exception is the "fleeing felon" type of situation, in which a new, imminent violent threat exists and requires force to stop it from happening (ie, a child or elderly family member coming into the home when the felon is heading downstairs to ostensibly exit). That's a new felony, and the use-of-force requirements apply to it just as they did to the original felony.
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  8. #22
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    I think it's questionable from a legal standpoint as the threat to life could appear to be over, but either way, I doubt any jury would convict. In Fl you can shoot to stop a threat, not after it's over.
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  9. #23
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    How many rape victims have been killed after the rape. This should justify the shot as soon as the victim could manage it. He could be coming back, there is a long history of victims being raped numerous times, over lengthy periods of time. I don't think there would be a jury of peers that would convict the victim for shooting the rapist.
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  10. #24
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    Quote Originally Posted by OldVet View Post
    I think it's questionable from a legal standpoint as the threat to life could appear to be over, but either way, I doubt any jury would convict. In Fl you can shoot to stop a threat, not after it's over.
    That may be so, but under Florida's "Castle Doctrine" I believe there is an irrebuttable presumption, in a home invasion, that the homeowner was in fear of their life. So, if the rapist broke into her home, it is a good shooting.

    Even if that doesn't apply, she has just been raped, a lawyer just out of law school should be able to successfully argue that the BG was clearly still a threat, she was in fear of being raped again or of being killed.
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  11. #25
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    I say shoot him dead, then pull his pants back off before you dial 911.

  12. #26
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    I'm not a lawyer or a judge, but I seriously doubt she would face any legal troubles, at least 'round my neck of the woods. If this dirtbag is capable of committing rape, murder ain't gonna bother him.

  13. #27
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    Quote Originally Posted by radshooter View Post
    I say shoot him dead, then pull his pants back off before you dial 911.
    THAT would be a bad move! Shoot him dead, yes! But DON'T tamper with evidence! That will land you in prison.

    A fellow who previously worked at the same place I do killed a stalker that was after him and his wife. He then planted a knife by the stalkers body.

    He was acquitted on the charge of murder but spent time in prison for tampering with evidence. As a result he also lost his job and now that he's out of prison still can't get it back. He does have another job now but it is paying far less than he used to make. This happened in St. Louis, MO.

    Moral of story: Don't tamper with evidence!

  14. #28
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    He is still in the house univited.

    Shoot until the threat ceases. Since he already commited at least one felony, it should'nt be an issue.

    But, I am not an ambulance chasing lawyer from the liberal part of the country that see's this as an anger managenment issue,or some issue that he had being raised as a child, or any other lie that makes laywers rich.
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  15. #29
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    Putting on his pants has nothing to do whether he intends to killer her or not. As a matter of fact, it would seem to be easier for him to kill her after he's gotten dressed. Somethings are just harder to do with you pants down around your ankles.

    Especially if it happened outside the home and he was intending to bury the body.

    Plus, we also don't know if he intends on abducting her from the house afterward and kill her later on after he's raped her several more times.

    Bottom line, as long as he's still in your presence, he's till a threat.
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  16. #30
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    Not only would I vote "Not Guilty" if it went to trial, but I would do my best to see that the DA that pressed the charges was looking for a new job!
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