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; Originally Posted by ZombieShoot I'm not adding information. It's reasonable to assume that the victim is in a house based on the fact she pulled ...

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Thread: Can you legally shoot AFTER a rape?

  1. #61
    Member Array mirage2521's Avatar
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    Quote Originally Posted by ZombieShoot View Post
    I'm not adding information. It's reasonable to assume that the victim is in a house based on the fact she pulled the weapon from a dresser.

    Unless where you live dressers are kept out in the middle of the street the rest of us have them in our bedrooms.

    So yes in Florida castle doctrine applies in this situation.

    And I would argue even if the rape took place in the street and she pulled her gun out of her purse and shot the guy in the back as he was pulling up his pants she still wouldn't be charged since it would be successfully argued by an competent attorney that after being raped she was still in fear of losing her life and shot to defend herself.

    In this case "Stand your Ground" would come into play.

    And any DA that prosecuted such a woman would be run out of office. They aren't going to touch that case with a ten foot pole.



    Defense attorney: "The defendant was just raped and the rapist was talking about killing the defendant who is the victim here!"

    Jury after 30 seconds of deliberation: 'We find the defendant not guilty. We also find the DA, arresting officers, the grand jury and idiot judge who let this case go forward guilty and sentence them to 30 years."


    Instead of running your trap why not read what I posted. If reading comprehension is a challenge I will help you. IN my post that you quoted I stated that I re-read the OP and saw that she said "take gun from dresser" I then conceded that she must have been in a house...what part of that don't you understand?

    If it did happen in a street or parking lot or a park which is where msot rapes in Fla take place castle doctorine would not apply, that was my only point and is still my point. I don't know that I can explain it anymore simply.
    You may now carry on with your absurd non-directional bantering.
    Yocan

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  3. #62
    Member Array mirage2521's Avatar
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    Quote Originally Posted by Thanis View Post


    Just because someone is in your house does not = you can shoot them any time you want.

    In Florida that is EXACTLY what it means. That is the whole point of our castle doctrine law.

    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

    Pretty simple and straight forward, if you are in my house unlawfully, I can shoot you. That sure makes the burglarly of an occupied dwelling a real bad idea. If you are drunk and bust in thinking it is your house, i can shoot you. We already have case law on this one.
    You may now carry on with your absurd non-directional bantering.
    Yocan

  4. #63
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    Any shooting, whether justified in the shooter's mind or not, is questionable and will be investigated. In some cases that may take months, years. Others may take minutes.
    I think we can all agree that, even if charged, a woman in this scenerio would in all likehood be aquitted post haste.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  5. #64
    Member Array mirage2521's Avatar
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    Quote Originally Posted by OldVet View Post
    Any shooting, whether justified in the shooter's mind or not, is questionable and will be investigated. In some cases that may take months, years. Others may take minutes.
    I think we can all agree that, even if charged, a woman in this scenerio would in all likehood be aquitted post haste.
    At least we all hope so. You can never tell these days. A real anti-gun DA with an agenda in a liberal jurisdiction is about as unpredictable and ilogical as anything on earth.

    BTW, that's a very cool photo.
    You may now carry on with your absurd non-directional bantering.
    Yocan

  6. #65
    Member Array reinhold's Avatar
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    "Just because someone is in your house does not = you can shoot them any time you want."

    Unfortunately, many "laws" are made to protect the American dream for human garbage criminals and that for some perverse reason, liberal judges have been known to abuse their self given power of inherent law to manipulate and distort the actual law of the land with absolutely no regard for the victims rights. We've become more afraid of ther bad guys legal team than the bad guys themselves. It's now politically correct to feel bad for the bad guy, to understand their pain, register them, and "treat" these creeps so they can attack again and again.

    But when and if some low life scum invades my home with the intent to steal, rape, molest, or murder myself or my the family, all man made laws become moot. I am now your judge and jury, you will be guaranteed your right to a swift trial, and your punishment will be just. Self-preservation is instinctual, and it will trump any right you thought you had before you invaded my home.
    I know what you're thinking: "Did he fire six shots or only five?" "Is that a Smith & Wesson 686+ 7 shot or 627 8 shot?" "Does he have a concealed Sig P226 SCT and two spare mags?" You've got to ask yourself one question: "Do I feel lucky?" Well, do ya, punk?

  7. #66
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    Quote Originally Posted by mirage2521 View Post
    At least we all hope so. You can never tell these days. A real anti-gun DA with an agenda in a liberal jurisdiction is about as unpredictable and ilogical as anything on earth.

    BTW, that's a very cool photo.
    Thanks. I appreciate that.
    A side note: He built the concrete pit used to load the atomic bombs dropped on Japan. His contribution to the war effort!
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  8. #67
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    Quote Originally Posted by SigHawk View Post
    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?
    In some states it is legal to use lethal force on a fleeing felon. In our state if you believe the felon will harm others if allowed to escape. That said IMO the critical thing is that the victim say only that she had been raped she was in fear for her life and wants to talk to a lawyer. Do not say one single word about how and when or any details of the actual shooting. That is on her lawyer to do.
    She was raped, she was in fear of her life she needs to talk to a lawyer. End of conversation, repeat as needed.
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

  9. #68
    Member Array ZombieShoot's Avatar
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    Quote Originally Posted by Thanis View Post
    Your missing the point there are many factors in every SD shooting, and the obvious issue is she would have to prove it was a rape, and depending on the jurisdiction, that in and of its self does not justify a SD shooting.

    I'm not taking the rapist's side, I did not state it is not a justified SD shooting, I'm not suggesting anything other then, there are always potential complications.
    Obviously it has to be investigated.

    No denying that. I said that in a previous post regarding knowing the person or being married to them.

    And I know of no state, even the anti-gun ones, which do not give you the legal right to use deadly force to prevent yourself from being raped.

    Just because someone is in your house does not = you can shoot them any time you want.
    Again you're not reading right.

    The OP states that the guy broke into the house and raped the lady. She's more then justified to use force, deadly, to protect herself from further attack.

    Even if she knows the person she can still shoot them. Yes there will be a investigation and provided that she was actually attacked she will face no charges.

    Also in Florida if you break into someones house while the homeowner is there then under the law the homeowner has the legal right to use deadly force.

    "Most rape victims know their attacker at least casually. In many cases, offenders were
    well known to the victim and were in relationships that one would normally trust, i.e.
    boyfriend, family friend, close neighbor or relative."

    http://www.ccasa.org/documents/Rape_Myths_&_Facts.pdf

    That is just assuming there are some complicating factors as to who the rapist is. What if the "victim" had been drinking, etc. Castle doctrine, if law in the hypothetical jurisdiction is not prefection, it is good to have, but nothing is flawless.
    You're assuming that I'm saying the police are going to pat her on the shoulders and say good job. They aren't. They will investigate and then make a decision wheter to charge or not.

  10. #69
    Member Array ZombieShoot's Avatar
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    Quote Originally Posted by mirage2521 View Post
    Instead of running your trap why not read what I posted. If reading comprehension is a challenge I will help you. IN my post that you quoted I stated that I re-read the OP and saw that she said "take gun from dresser" I then conceded that she must have been in a house...what part of that don't you understand?
    I saw what you wrote but I just wanted to drive the point home because you seemed to be waffling:

    "WHo said she was in a house? You are adding to the question information that was not provided.

    I re-read the OP and I guess she did say "take the gun out of dresser" so we can assume she was in her house. I was not arguing whether or not she could shoot, simply stating that "castle doctorine" does not apply if you are not in your house or car."

    I'm just following Winston Churchills advice: "If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time - a tremendous whack. "

    If it did happen in a street or parking lot or a park which is where msot rapes in Fla take place castle doctorine would not apply, that was my only point and is still my point. I don't know that I can explain it anymore simply.
    Whose running whose trap too much again?

    Must have missed the part where I said it would be Stand Your Ground.

    You'll get over it......

  11. #70
    Member Array ZombieShoot's Avatar
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    Quote Originally Posted by LongRider View Post
    In some states it is legal to use lethal force on a fleeing felon. In our state if you believe the felon will harm others if allowed to escape. That said IMO the critical thing is that the victim say only that she had been raped she was in fear for her life and wants to talk to a lawyer. Do not say one single word about how and when or any details of the actual shooting. That is on her lawyer to do.
    She was raped, she was in fear of her life she needs to talk to a lawyer. End of conversation, repeat as needed.
    A good lawyer could probably get anything she said squashed since she was "tramatized" (spelling....).

  12. #71
    Senior Member Array EvilMonk's Avatar
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    Quote Originally Posted by sigmanluke View Post
    I don't think there would be any legal problems with it. You don't know the threat is over.
    Superb point.

    The BG has already demonstrated beyond reasonable doubt his evil intentions, and the situation is still playing out. I am not a lawyer, but I cannot see any legal wrongdoing in the OP's questioned scenario.

    Shoot that piece of *$&%.
    That which does not kill us leaves us broken and bleeding...

    Donít mess with the guy who can barely stand up. His remaining options for self-defense don't include your survival.

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  13. #72
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    Quote Originally Posted by razor02097 View Post
    What says the BG wouldn't plan on killing her after he committed the rape?
    This is the best answer yet. He has already proved that he has no respect for women.

    Capt. Art

  14. #73
    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by Thanis View Post
    Your missing the point there are many factors in every SD shooting, and the obvious issue is she would have to prove it was a rape, and depending on the jurisdiction, that in and of its self does not justify a SD shooting.

    I'm not taking the rapist's side, I did not state it is not a justified SD shooting, I'm not suggesting anything other then, there are always potential complications.



    Just because someone is in your house does not = you can shoot them any time you want.

    "Most rape victims know their attacker at least casually. In many cases, offenders were
    well known to the victim and were in relationships that one would normally trust, i.e.
    boyfriend, family friend, close neighbor or relative."

    http://www.ccasa.org/documents/Rape_Myths_&_Facts.pdf

    That is just assuming there are some complicating factors as to who the rapist is. What if the "victim" had been drinking, etc. Castle doctrine, if law in the hypothetical jurisdiction is not prefection, it is good to have, but nothing is flawless.
    In Tennessee that is exactly what it means as well. Someone who breaks into my house uninvited will not like the result.

  15. #74
    Member Array Riana's Avatar
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    Quote Originally Posted by ZombieShoot View Post
    Defense attorney: "The defendant was just raped and the rapist was talking about killing the defendant who is the victim here!"

    Jury after 30 seconds of deliberation: 'We find the defendant not guilty. We also find the DA, arresting officers, the grand jury and idiot judge who let this case go forward guilty and sentence them to 30 years."
    Now that's a jury I'd love to be on!

  16. #75
    Member Array ZombieShoot's Avatar
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    I wonder what they would do in a courtroom if a jury did that to them. You'd know it would be on the news. lol :D

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