Can you legally shoot AFTER a rape?

[automatic slim]

Actually it would depend on state law. Some states allow the killing of a felon if he can be deemed "a continuing threat to the community". A rapist will probably rape again, so killing him would be justified even if he were climbing out your window.

[DefensiveCarry.com]

[friesepferd]

many rapes end in murder. if i got raped and the man was done and got up to put his pants on, i honestly would not at all feel like the threat was over.
if you did feel like the threat was over, then ur not very smart

[rottkeeper]

In NY it is justifiable during a forcible rape and arson.

[glockman10mm]

One key thing is that she make sure and have a rape kit done at the hospital immediatley so there is medical documentation to support her claim of rape. That would be crucial. Failure to do so could hang her.

[QKShooter]

"can I pull my gun out of the dresser and shoot him in the back, even though technically the threat appears to be over?"

I would think that any female that had just been raped would want to see that unique expression of incredulous, powerless, disbelief on the rapists face...that strange otherworldly look which spontaniously appears on a human face the moment she explodes his heart by emptying her handgun into his chest.

[H8SPVMT]

Only the criminal knows when the the end of the crime is coming, never the victum.
As long as the rapist is in the house, the crime is still taking place. I believe it is OK for some states to still shoot a fleeing felon too...

[StevePVB]

The scumbag is going to eliminate the only witness.

[retsupt99]

Ventilate him...

[Riana]

For all we know, he could have done the deed, got up, said, "Let me go get <insert choice of weapon here>", then turned to pull up his pants and locate said weapon. I would think there'd be no question that there was still a threat, in that case - shot in the back or not. Of course, if the rape victim kills him, there's no one to refute that story.

I can see it being a question if he's obviously heading for his car or something (rapes her in the back of the house, then gets dressed and leaves the building) - then she's shooting him in an effort to prevent his escape. Might be more of a legal problem in some states. I still think they'd be hard-pressed to find a jury that would convict her, though.

[SleepingZ]

Shooting in the back---NO DON'T DO THAT----After you have your gun out, say something along the lines of "hey dick head, you forgot----BANG BANG as he turns around.

Z

[Eagleks]

How many rapist kill their vicitims afterwards ? Lots ! ! ! ! The threat is not necessarily over at that point at all.

But, if they are shot in the back as they are leaving..... she has a definite legal problem.

[Thanis]

...The legal part of me says she could potentially face some issues if she shot the guy in the back after the rape, but I have to think if I were in her shoes I wouldn't hesitate to pull the trigger. Thoughts?

I'm guessing most of the time, as long as things appear in order, LE rights reports, rape victim moves on with her life, one less rapist in the world.

If it does become something complicated, as with many rapes, the obvious issue is proving that it was a rape.

That being said, you also have issues that differ state by state. For example, is there a requirement to retreat? Was she in fear for her life? What was her state of mind before and after the assault? Was she drunk or using drugs (maybe even prescription)? Every issue has a way of being a potential benefit or liability.

The complicating factor is the presumption of innocence until proven guilty. She will need to make statements to alleged rape so evidence is collected, while at the same time she should consider pleading the 5th herself.

This is the case with almost every SD shooting, but is complicated. The normal response should be, "I was in fear for my life, I want to speak to my attorney."

However now, she would have to state something like, "I was in fear for my life, I was raped, I want to speak to my attorney."

If she can't prove the rape, she might undermine the justification. Then even if she can prove the rape, post-rape is most likely not a justification for SD. It will all come down to various angles on beyond a reasonable doubt on some facts, preponderance of the evidence on others, and even negligence.

This reminds me of a case I read a while back (or was it just a hypothetical?). A woman asked her rapist to wear a condom was told that her act made the rape consensual. In no way the same as the OP, but it demonstrates the complicated issues.

[ppkheat]

Personally........ I"m shootin' BEFORE, DURING, and AFTER the rape to whatever extent is necessary.

[retsupt99]

Personally........ I"m shootin' BEFORE, DURING, and AFTER the rape to whatever extent is necessary.

...and repeat application as often as necessary until 'symptoms' disappear.

[mirage2521]

Depends on the laws in the jurisdiction in question.

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

Matt

Would you please cite what piece of Florida's castle doctorine makes you think this is true.