Can you legally shoot AFTER a rape?

[SigHawk]

I mentioned this in a response to an old post, but I thought it would be a good topic for general discussion.

One of the females in the CC class I took asked the instructor (who is also a police officer) if she could legally shoot the rapist immediately AFTER the rape. She said "Let's say the BG just raped me, and he stands up to put his pants on - can I pull my gun out of the dresser and shoot him in the back, even though technically the threat appears to be over?" The police officer replied - and I love this part - "Sister, you shoot him dead. No jury in the world would find you guilty."

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?

[DefensiveCarry.com]

[logan]

The police officer replied - and I love this part - "Sister, you shoot him dead. No jury in the world would find you guilty."

I love that part too!

But I don't know about the legality of that.

[razor02097]

What says the BG wouldn't plan on killing her after he committed the rape?

[sigmanluke]

I don't think there would be any legal problems with it. You don't know the threat is over.

[Snowman23]

What says the BG wouldn't plan on killing her after he committed the rape?

I was thinking that myself. I think shooting in the back might be an issue.

[reinhold]

Pull the trigger, empty the mag and get another.

Child molesters? Any self respecting father / brother should hunt the piece of garbage down and..... do what has to be done.

[wraymusicman]

I don't think there would be any legal problems with it. You don't know the threat is over.

This is the correct answer. The BG has already demonstrated his willingness to commit a violent crime against the victim, and there is no reason to believe that he isn't willing and able to commit another, regardless of his position at the time of his demise.

[logan]

What says the BG wouldn't plan on killing her after he committed the rape?

Good point. He could be getting up just to get a weapon (gun, knife, club, or anything) So in this situation, even though he's standing up, pulling his pants up or w/e, the woman would probably still feel completely threatened and have every right to shoot him.

[varob]

If that scenario was given to me as a juror, I'd have to vote Not Guilty.

[havegunjoe]

What says the BG wouldn't plan on killing her after he committed the rape?

The BG didn't already kill her by giving her AIDS?

[MSteve]

I don't think there would be any legal problems with it. You don't know the threat is over.

This^^, and I think any competent phsychiatrist/liscenced professional counselor (therapist) could easily sell, should it go to trial, an acute stress disorder defense. (similar to PTSD, but ASD is immediate).

[razor02097]

The BG didn't already kill her by giving her AIDS?

not sure if you are kidding but that isn't the defense I would give in court.

[havegunjoe]

not sure if you are kidding but that isn't the defense I would give in court.

What I am saying is Rape isn't just a violent crime anymore. It can be a death sentence for the victim. If a woman is attacked and the rapist says, "just do as I say and I won't hurt you", one, why would you believe him and two, he could actually be killing you if he is infected with AIDS.

[HardcoreSlot]

As horrible as it sounds but I would say that if the threat was over and he was actually just going to leave, the shot would not be legal.
But is there any way to tell if the threat was really over, or if he was just fixin' his shorts to make a killing blow?
And as the instructor said, no one would, and if they did. they deserve the bullet almost as much as the rapist...

wow.. 14 posts in the time it took me to type this, and a couple minutes to warm up lunch. lol

[SamRudolph]

I'd no bill it as a juror.