Can you legally shoot AFTER a rape?

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; 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 ...

Page 1 of 9 12345 ... LastLast
Results 1 to 15 of 123

Thread: Can you legally shoot AFTER a rape?

  1. #1
    Member Array SigHawk's Avatar
    Join Date
    Apr 2010
    Location
    The Natural State
    Posts
    156

    Can you legally shoot AFTER a rape?

    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?
    SigPro 2340
    Bersa Thunder Plus .380


  2. #2
    Member Array logan's Avatar
    Join Date
    Oct 2009
    Location
    Johnstown, CO
    Posts
    212
    Quote Originally Posted by SigHawk View Post
    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.
    Logan - NRA Member

    Walther PPS 9mm, Ruger LCP

    Laugh lots, Love Often, and Defend the Irreplaceable

  3. #3
    Distinguished Member Array razor02097's Avatar
    Join Date
    Oct 2009
    Location
    Ohio
    Posts
    1,974
    What says the BG wouldn't plan on killing her after he committed the rape?
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  4. #4
    VIP Member
    Array sigmanluke's Avatar
    Join Date
    Feb 2009
    Location
    Utah
    Posts
    3,209
    I don't think there would be any legal problems with it. You don't know the threat is over.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
    Thomas Jefferson

  5. #5
    Senior Member Array Snowman23's Avatar
    Join Date
    Nov 2009
    Location
    Utah - PC
    Posts
    702
    Quote Originally Posted by razor02097 View Post
    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.

  6. #6
    Member Array reinhold's Avatar
    Join Date
    Mar 2010
    Location
    Catamount Tavern, Vermont
    Posts
    72
    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.
    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. #7
    Member Array wraymusicman's Avatar
    Join Date
    Mar 2010
    Location
    Northern Colorado
    Posts
    101
    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.

    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.

    What the **** - How did I end up on this soapbox again?!?!?

  8. #8
    Member Array logan's Avatar
    Join Date
    Oct 2009
    Location
    Johnstown, CO
    Posts
    212
    Quote Originally Posted by razor02097 View Post
    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.
    Logan - NRA Member

    Walther PPS 9mm, Ruger LCP

    Laugh lots, Love Often, and Defend the Irreplaceable

  9. #9
    VIP Member Array varob's Avatar
    Join Date
    Jun 2009
    Location
    Virginia
    Posts
    4,469
    If that scenario was given to me as a juror, I'd have to vote Not Guilty.
    Don't believe what you hear and only half of what you see!
    -Tony Soprano

  10. #10
    VIP Member Array havegunjoe's Avatar
    Join Date
    Mar 2005
    Location
    Minnesota
    Posts
    2,206

    Who says....

    Quote Originally Posted by razor02097 View Post
    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?
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

  11. #11
    Member Array MSteve's Avatar
    Join Date
    Apr 2010
    Location
    Alabama
    Posts
    414
    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.
    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).
    AlabamaConstitution of 1819: That every citizen has a right to bear arms in defence of himself and the state.
    The world doesn't owe you anything. It was here first.-Mark Twain
    "Life's tough. It's tougher if you're stupid."-John Wayne
    Sig P228; Micro Desert Eagle; S&W M&P Compact .357 sig

  12. #12
    Distinguished Member Array razor02097's Avatar
    Join Date
    Oct 2009
    Location
    Ohio
    Posts
    1,974
    Quote Originally Posted by havegunjoe View Post
    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.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  13. #13
    VIP Member Array havegunjoe's Avatar
    Join Date
    Mar 2005
    Location
    Minnesota
    Posts
    2,206

    I'm not kidding...

    Quote Originally Posted by razor02097 View Post
    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.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

  14. #14
    Member Array HardcoreSlot's Avatar
    Join Date
    Dec 2009
    Location
    Spring Creek, Nevada
    Posts
    57
    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
    Life is a game of chance, be prepared to throw down when its time to dance. If your young, enjoy it cuz your youth is gold and never waste time every single day you grow old. written is a page in the book for you, with hard times and bad luck to see what you will do.

  15. #15
    VIP Member Array Madcap_Magician's Avatar
    Join Date
    May 2009
    Location
    MN
    Posts
    2,240
    I'd no bill it as a juror.
    Not my circus, not my monkeys.

Page 1 of 9 12345 ... LastLast

Sponsored 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, 06:55 PM
  2. Am I legally obligated?
    By Ram Rod in forum Off Topic & Humor Discussion
    Replies: 61
    Last Post: December 24th, 2008, 01:19 AM
  3. How Long Have You CC'd Legally?
    By NCHornet in forum Concealed Carry Issues & Discussions
    Replies: 64
    Last Post: February 5th, 2008, 12:45 PM
  4. Legally exempted?
    By soundwave in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: October 13th, 2006, 10:13 PM
  5. I can legally carry.....
    By Wingman in forum New Members Introduce Yourself
    Replies: 15
    Last Post: February 28th, 2006, 11:32 PM

Search tags for this page

can you shoot a rapist
,
deadly force rape
,
in the state of fl. is rape just cause to shoot someone
,
is it legal to shoot someone who tries to rape you
,
killed her rapist
,
shoot attacker in back
,
should you shoot someone who is about to rape you?
,
when can you legally kill someone
,
when can you legally shoot
,

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.