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; The threat hasn't gone away because he turned his back....

Page 7 of 9 FirstFirst ... 3456789 LastLast
Results 91 to 105 of 123

Thread: Can you legally shoot AFTER a rape?

  1. #91
    Senior Member Array JohnK87's Avatar
    Join Date
    Apr 2009
    Location
    Hastings, MN
    Posts
    600
    The threat hasn't gone away because he turned his back.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  2. Remove Ads

  3. #92
    Distinguished Member Array razor02097's Avatar
    Join Date
    Oct 2009
    Location
    Ohio
    Posts
    1,974
    Ah geeze...

    The first time a response includes a personal attack the debate is lost. Once it turns into bickering it basically discredits both debaters. It is such a waste of bandwidth


    Revenge killing. This isn't something I thought of...

    re·venge Pronunciation (r-vnj)
    tr.v. re·venged, re·veng·ing, re·veng·es
    1. To inflict punishment in return for (injury or insult).
    2. To seek or take vengeance for (oneself or another person); avenge.
    n.

    1. The act of taking vengeance for injuries or wrongs; retaliation.
    2. Something done in vengeance; a retaliatory measure.
    3. A desire for revenge; spite or vindictiveness.
    4. An opportunity to retaliate, as by a return sports match after a defeat.

    However in the immediate act I would have a hard time believing a prosecutor would take this approach because it would be so easy to say it was a response to a proven threat and she feared her rapist would kill her. If the rapist died then there is no way the prosecutor could prove the victim wasn't threatened... in the same context if the rapist survived he would likely be on trial first and on the defensive. In this case if she was in her own home then the castle doctrine is the thing to protect her against a civil suit the rapist would file because of his injury. OMO, IANAL
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  4. #93
    VIP Member Array TedBeau's Avatar
    Join Date
    Sep 2008
    Location
    Bay City
    Posts
    2,269
    Quote Originally Posted by automatic slim View Post
    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.
    Really, can you post actual law of this.

    Personally, I think she SHOULD be allowed to shoot, but the only legal way to do this would be castle doctrine. Some states say home invasion is enough of a threat to allow shooting. Since the rapist is still in the house then he is a treat, same as if he just entered the house without any violent act. Once they are in the house, they have crossed the line. Your in danger, and I think most castle doctrine laws allow shooting.

  5. #94
    VIP Member Array obxned's Avatar
    Join Date
    Jan 2007
    Location
    OBX, NC
    Posts
    2,655
    Were I on the jury at the trial of a woman who had shot her attacker, I would be very open to a defense not guilty due to post tramatic stress syndorme, regardless of the timing or amount of effort required to find her attacker.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  6. #95
    Ron
    Ron is offline
    Distinguished Member Array Ron's Avatar
    Join Date
    Aug 2006
    Location
    West Linn, Oregon
    Posts
    1,628
    How can this thread possibly generate 94 posts. We had a home invasion, followed by a rape. How can anyone reasonably suggest that the rapist is no longer a threat to her simply because, at that moment, he has his back to her, or that she is not in reasonable fear for her life.
    "It does not do to leave a dragon out of your calculations, if you live near him."

    J. R. R. Tolkien

  7. #96
    Distinguished Member Array phreddy's Avatar
    Join Date
    Mar 2009
    Location
    Spartanburg, SC
    Posts
    1,966
    Quote Originally Posted by mirage2521 View Post
    WHo said she was in a house? You are adding to the question information that was not provided.

    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.
    That depends by state. In south Carolina, the castle doctrine applies anywhere you have a legal right to be (ie..not trespassing).

  8. #97
    Member Array Archery Ham's Avatar
    Join Date
    May 2009
    Location
    Muscle Shoals, Alabama
    Posts
    29
    A dead rapist is no longer a threat to our Mothers, Sisters and gal friends.
    gracelifeshoals.org --- huntersandpatriots.com
    A 9mm may expand, but a .45 will never shrink.
    Firearms have two enemies: Rust and politicians.
    This country needs more family trees that produce quality lumber instead of socialist freeloading nuts.

  9. #98
    VIP Member Array LongRider's Avatar
    Join Date
    Aug 2007
    Location
    Washington
    Posts
    2,618
    Quote Originally Posted by obxned View Post
    Were I on the jury at the trial of a woman who had shot her attacker, I would be very open to a defense not guilty due to post tramatic stress syndorme, regardless of the timing or amount of effort required to find her attacker.
    Exactly but I think that is a different issue than the question the OP posted. Sure most of us would vote to not convict no matter how or when a woman killed her rapist.

    I was with my niece when she saw one of the guys who raped her after he had been released from prison. No doubt in my mind that she was in fear for her life the instant she saw him. He and his gang had her for four days. Long story but he lives only because she and her mother got my word of honor I would do him no harm. Almost broke my promise that day.

    He did however experience first hand what it is to be on the wrong end of the stick so to speak every day he was in prison. I did not do it. I kept my word
    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

  10. #99
    Distinguished Member Array BlueNinjaGo's Avatar
    Join Date
    Sep 2009
    Location
    Texas
    Posts
    1,226
    Unless the guy has left the premises to the point where she had to go after him, then I would say it's self defense. I mean, if she grabs a gun and chases after him, then he wasn't quite a threat to her at that moment. She should have grabbed the gun, called 911, and waited. If he returned, then kill the *******.

    Then again, I can't see myself voting guilty for a victim who shot her rapist. (Even if she ran after him.)

  11. #100
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by tacman605 View Post
    Ok guys gonna have to play devils advocate here. A lot will depend on state statutes, the outlook of the investigator and the Prosecutor.
    In the OP the LEO said, "Sister, you shoot him dead. No jury in the world would find you guilty [emphasis added]." He didn't say she'd get a free walk. He didn't say there were no investigators or prosecutor in the world.

    That's the bottom line as far as I am concerned. State statutes, the outlook of the investigator and the Prosecutor, etc be ed.

    Do the right thing and let the details work themselves out. Stand tall as a free woman and live to tell about it.

    BTW -- I believe everyone should believe in "Jury Nullification" and keep your mouth shut about it.
    Last edited by DaveH; May 10th, 2010 at 05:37 PM. Reason: mixed up posters quotes
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  12. #101
    Member Array BurgDog's Avatar
    Join Date
    Dec 2009
    Location
    Colorado
    Posts
    130
    For a real live case of a woman (girl actually) who killed her rapist after she was raped see OUR VIEW: Girl shoots rapist and walks free | girl, years, at - Opinion - Colorado Springs Gazette, CO

    Congratulations to District Attorney Dan May, Chief Deputy District Attorney Kim Kitchen and defense lawyer Ann Kaufman for bringing a responsible resolution to a difficult case involving a girl who shot and killed a man charged with routinely raping her for three years, since she was 12 years old.

    The girl, now age 16, pleaded guilty Monday to manslaughter for shooting Jon R. Hazard June 1. In return for her plea, the girl can expect a sentence of two years probation and mandatory counseling; no prison time.
    more details from Man found dead in Palmer Park faced sex assault charges | assault, police, park - Top Stories - Colorado Springs Gazette, CO

    Guy was already up for raping her and she shot him anyway - and basically gets away with it.
    Last edited by BurgDog; May 10th, 2010 at 07:00 PM. Reason: more info

  13. #102
    VIP Member Array Guns and more's Avatar
    Join Date
    May 2008
    Location
    Fl
    Posts
    2,397
    What is moral is not necessarily what is legal.
    How is someone shooting an attacker in the back after a rape any different than someone shooting an attacker in the back after a carjacking or robbery?

  14. #103
    Senior Member Array JohnK87's Avatar
    Join Date
    Apr 2009
    Location
    Hastings, MN
    Posts
    600
    Let's draw a line at the guy still being in the house. If he leaves and she runs after him to shoot him, that won't pass the self defense test.

    As long as he is in the house, she is still in danger. She has to make a decision, knowing that she has a weapon nearby, of when to go after it. Of course she is going to wait until his back is turned! Why wouldn't you when he might see you, stop you and shoot you with your own gun?

    Once she has the gun, if she shoots him in the back I'm good with it because she is still in real danger. I would venture to say that almost all women who are raped and murdered have the murder come AFTER the rape.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

  15. #104
    New Member Array Butler's Avatar
    Join Date
    Aug 2009
    Location
    USA
    Posts
    9
    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.
    +1

    I have no doubt that if she felt her life was in danger and I'm on the jury ... enough said.

  16. #105
    Member Array Army22rpr's Avatar
    Join Date
    May 2008
    Location
    SW Idaho
    Posts
    385
    Radshooter, I like the way you think. Seriously, it would come down to if she felt threatened. If she did, it would be justified in my opinion.
    Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company.- George Washington
    Serving Since 1985- "Airborne"

Page 7 of 9 FirstFirst ... 3456789 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Is there public land in NY where I can legally shoot or "plink"?
    By stuckInNy in forum General Firearm Discussion
    Replies: 5
    Last Post: November 19th, 2009, 05:55 PM
  2. Am I legally obligated?
    By Ram Rod in forum Off Topic & Humor Discussion
    Replies: 61
    Last Post: December 24th, 2008, 12:19 AM
  3. How Long Have You CC'd Legally?
    By NCHornet in forum Concealed Carry Issues & Discussions
    Replies: 64
    Last Post: February 5th, 2008, 11:45 AM
  4. Legally exempted?
    By soundwave in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: October 13th, 2006, 09:13 PM
  5. I can legally carry.....
    By Wingman in forum New Members Introduce Yourself
    Replies: 15
    Last Post: February 28th, 2006, 10:32 PM

Search tags for this page

can i shoot someone committing rape
,
can you shoot a rapist
,
can you shoot a would be attacker in south carolina
,
deadly force rape
,
in the state of fl. is rape just cause to shoot someone
,
shoot attacker in back
,
should you shoot someone who is about to rape you?
,
when can i legally shoot someone
,
when can you legally kill someone
,

when can you legally shoot someone

,
when can you legally shoot someone in utah
,
when to shoot
Click on a term to search for related topics.