Posted: 6/2/2010 10:45:27 PM EDT
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So, I have this female friend who is wondering what would happen if she shot someone while they were trying to rape her.
What would be the legal ramifications, or how would it be justified if she did it? She is worried about going to jail if she shot a guy while he was trying to do it thanks for any info |
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It is always up to the prosecuting attorney if someone is going to be charged with a crime. It is a case by case basis. The law states that you can protect yourself and others from harm with deadly force if you feel you are in danger. Would your friend rather be raped? 39-11-611. Self-defense. — (a) A person is justified in threatening or using force against another person when, and to the degree, the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. The person must have a reasonable belief that there is an imminent danger of death or serious bodily injury. The danger creating the belief of imminent death or serious bodily injury must be real, or honestly believed to be real at the time, and must be founded upon reasonable grounds. There is no duty to retreat before a person threatens or uses force. (b) Any person using force intended or likely to cause death or serious bodily injury within the person's own residence is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. (c) The threat or use of force against another is not justified if the person consented to the exact force used or attempted by the other individual. (d) The threat or use of force against another is not justified if the person provoked the other individual's use or attempted use of unlawful force, unless: (1) The person abandons the encounter or clearly communicates to the other the intent to do so; and (2) The other nevertheless continues or attempts to use unlawful force against the person. (e) The threat or use of force against another is not justified to resist a halt at a roadblock, arrest, search, or stop and frisk that the person knows is being made by a law enforcement officer, unless: (1) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and (2) The person reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary. [Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 8.] |
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The answer is yes, as taught in the handgun Self Defense Class I took, assuming that she was being raped, or the perp was attempting to rape her... and thats where it would get sticky. If she was charged, the burden would be on her to prove that the perp was trying to rape her, while the opposing attorney would most likely try to deny that the perp intended to rape her, or that she consented...
Disclaimer: I AM NOT A LAWYER... your best bet would be to talk to one... ask David Lewis for John Harris's number, from what I hear he is one of the best in the state as far as handgun & charges stemming from their use goes... The above is my interpretation of the law, and what I was taught... take it for what its worth... |
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Disclaimer: NOT A LAWYER! From my understanding of the law in Tennessee, you can legally use deadly force if you fell that you or someone else is in immanent danger. Basically if someone is physically assaulting her, actively trying to rape her, etc... then legally she should be ok. However as previously stated it depends on the prosecutor if charges are going to be brought against her, although Tennessee law is pretty good about protecting a victim that was defending herself. If, god forbid, something like this were to happen I would say she needs to get an attorney ASAP just to cover her ass. That being said, I believe in the saying: I would rather be judges by 12 than carried by 6. |
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In my class 15 years the instructor was a TBI agent. One of the things he stated was that even in a totally justified shooting, you can plan on being out at least 20 grand before all is said and done...... I would consider that a small price to pay to send a would be raper to hell............. Just my opinion. Terry |
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In my class 15 years the instructor was a TBI agent. One of the things he stated was that even in a totally justified shooting, you can plan on being out at least 20 grand before all is said and done...... I would consider that a small price to pay to send a would be raper to hell............. Just my opinion. Terry Oh I agree, which is why my wife also has a carry permit and is a better shot than I am........ 
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Ya she is scared of guns, and i finally convinced her that they arent "evil death machines"
Now just have to take her to the range/backyard and let get use to them a bit. I told her i would pay for her class, if she promises to carry. I pretty much talked her into them/it, but she through that question out Thanks for the info people, knew afrcom would have the answer(s) 
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IMO, even if she takes a class and gets her permit, she does not need to carry until she is completely comfortable with it.
An employee of mine (female) that lives alone came to me and wanted to buy a gun. There had been a home invasion down the street from her. She wanted my opinion on what to buy. First I explained to her that her best defense is common sense. I think some people get a false sense of security by having a gun around. They will do their job, but you must do yours first. You can't just buy a gun, throw it in a drawer, safe, whatever, and expect to know how to use it when the time comes. Which I feel a lot of people do. Secondly I asked her if she thought she could take another person's life if needed. She instantly responded " I don't want to kill somebody". (Wrong answer) I then asked what she thought the gun was for. She said "just to scare them or possibly wound them and make them quit". I then told her to buy a dog. IMO if you are not prepared to use it, then you need to be prepared for it to be used against you. All that to say, you make a bad situation worse by entering a weapon you are not prepared to use. |
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IMO, even if she takes a class and gets her permit, she does not need to carry until she is completely comfortable with it. An employee of mine (female) that lives alone came to me and wanted to buy a gun. There had been a home invasion down the street from her. She wanted my opinion on what to buy. First I explained to her that her best defense is common sense. I think some people get a false sense of security by having a gun around. They will do their job, but you must do yours first. You can't just buy a gun, throw it in a drawer, safe, whatever, and expect to know how to use it when the time comes. Which I feel a lot of people do. Secondly I asked her if she thought she could take another person's life if needed. She instantly responded " I don't want to kill somebody". (Wrong answer) I then asked what she thought the gun was for. She said "just to scare them or possibly wound them and make them quit". I then told her to buy a dog. IMO if you are not prepared to use it, then you need to be prepared for it to be used against you. All that to say, you make a bad situation worse by entering a weapon you are not prepared to use. Yep, NEVER bring something to a fight you aren't prepared to have used against you, be it a gun, a knife, or a baseball bat. Not to say you shouldn't use one of those tools, but everyone should be aware that there is a chance that if you don't use it properly there is a good chance it will be taken from you and used against you. |
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Again, thanks for the replys
Ill have to work some of these things into her brain the said thing is, she has had it happen twice before. but still for some reason isnt 100% on carrying one 
And yes shes HOT, but I wont be posting any pics just worry about her, ALOT! |
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Again, thanks for the replys Ill have to work some of these things into her brain the said thing is, she has had it happen twice before. but still for some reason isnt 100% on carrying one
And yes shes HOT, but wont I be posting any pics just worry about her, ALOT! I don't know her, you, or her previous situations. But if anything related to your original post has happened twice, she might want to reconsider her location, timing, actions, whatever. Not saying she was "asking for it" in any way. I will give you an example. I was in Knoxville the other night late visiting someone at the hospital. When leaving I drove around Knoxville rather than through a rougher part that would have been much quicker. My wife asked why I was going that way and not the other. I told her it's rough at night. She said "so, your armed". My reply was "I don't carry a weapon because I WANT to use one". If the situation is avoidable, avoid it. If not, deal with it. I carry a Sig 228 daily with two extra magazines on my person, there are three extra magazines in the console. They are sitting next to the three extra Pmags that accompany the AR mounted under the second row seat in the Tahoe. I still take the long way around. As stated before, sense and reasoning is your best defense. Terry ETA: My wife took a Safety Defense Class. She enjoyed it. They are for women. And deal with situations that you were referring to. She really enjoyed it. The cost of the class was very little. I think it was a good addition to weapons training. If nothing else the techniques taught in the class may afford an opportunity to get to a weapon. Some local law enforcement offices offer it at no cost. |
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My wife and I both have carry permits since a couple months after TN first starting offering them. We shoot all the time, and she is a better shot than I am, and enjoys it. I started her with 22’s and just shooting for fun. We had some land in the Ozark Mountains in AR, and there was an old junk pile at the back of the property. She loved shooting to old Ms. Butterworth bottles. It was a couple years before I started her on the silhouettes targets. I made it fun, before I made it serious.
My wife used to not carry unless she felt it was a bad area. She would not carry if she felt safe, so here is THE rest of the story..... My wife teaches Aerobics at our church twice a week, she is accredited by 2 different groups. She also carries. She teaches a mixed male / female class. A guy came in durning class and said he was checking it out for his wife to the second instructor. All of a sudden, the 2nd instructor screams, Joan, get your gun. The guy was grabbing purses. when he heard that, he dropped them and cut out running. She calls 911 and was on HOLD FOR 14 MINUTES Listening to a recording tell her not to hang up. Squad car shows up 31 minutes later. Funny thing she did not have hers with her. She had always had a problem with carrying it only when she felt she needed it, and not carrying it when she felt safe. And she felt safe at the Church, so she did not have it with her. She carries it all the time now. The local newspaper did a article on her and tilted it "Annie get your gun.... Even if it is a pretend one". I had it limited and mounted for her. NRA interviewed her on their radio program. They asked her what was the 1st thought that went through your mind, she answered "Of all the times not to have my pistol". Then she quickly added.... "And my second thought is my husband is going to kill me" I had told her time and time again to always have it with her. Not a problem any longer. The last question she asked as we walk out the door is: Got your gun?”, she now always has hers with her. |
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Again, thanks for the replys Ill have to work some of these things into her brain the said thing is, she has had it happen twice before. but still for some reason isnt 100% on carrying one
And yes shes HOT, but I wont be posting any pics just worry about her, ALOT! I don't know her, you, or her previous situations. But if anything related to your original post has happened twice, she might want to reconsider her location, timing, actions, whatever. Not saying she was "asking for it" in any way. I will give you an example. I was in Knoxville the other night late visiting someone at the hospital. When leaving I drove around Knoxville rather than through a rougher part that would have been much quicker. My wife asked why I was going that way and not the other. I told her it's rough at night. She said "so, your armed". My reply was "I don't carry a weapon because I WANT to use one". If the situation is avoidable, avoid it. If not, deal with it. I carry a Sig 228 daily with two extra magazines on my person, there are three extra magazines in the console. They are sitting next to the three extra Pmags that accompany the AR mounted under the second row seat in the Tahoe. I still take the long way around. As stated before, sense and reasoning is your best defense. Terry ETA: My wife took a Safety Defense Class. She enjoyed it. They are for women. And deal with situations that you were referring to. She really enjoyed it. The cost of the class was very little. I think it was a good addition to weapons training. If nothing else the techniques taught in the class may afford an opportunity to get to a weapon. Some local law enforcement offices offer it at no cost. First guy was just a random low life that she didnt know. The second was a guy she went on a date with becuause he was a "nice guy" both happened before i knew her. she was a hostess at the time, thats where the second one met her, and im guessing the first one saw her |