If the wife perceived a threat by some guy flopping out the cockNballs then wouldn't that qualify as sexual assault? (who wouldn't feel threatened?) If she did, then couldn't she use self defense as a defense to murder?
I can't imagine it'd be hard for me to argue this case: woman walking in the woods with two small children, then a guy pops out of the woods with his unit exposed, perceiving an imminent threat to her body and her children, she shoots him in self defense. Honestly, what jury in NC is going to say she murdered the sick-o on purpose and w/o some justifiable provocation?
The prosecution (the state of NC) would argue that there wasn't any perceived danger or imminent threat to her body to justify self defense, but it'd be her word against their assumption. The evidence would be a picture of the dead guy on the ground with his johnson hanging out of his fly. The jury would see this. The evidence would show the guy had a rap sheet of sicko behavior. The defense would show this to the jury. The evidence would show that they were, in fact, far from help or capable of retreat way back in the woods. The jury'd know that, too.
The children could go to the stand and testify against the mom but, even still, they would have felt threatened, too. On cross, the defense could just excentuate how scared they were and rattle out the details of the incident from a child's mouth to bring fire and brimstone from the jury. The prosecution would be sunk by the mom's testimony.
I'm not suggesting that you need to get the .22lr and shovel out yet, but his behavior opens up a whole world of shit for him if someone is carrying a gun the next time he does it. I just don't see the law taking his side. If the incident happened in Orange County (where I live) then I'd say differently.