Berkeley CSUA MOTD:Entry 32449
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2024/12/25 [General] UID:1000 Activity:popular
12/25   

2004/7/23 [Recreation/Dating] UID:32449 Activity:high
7/23    More on shooting criminals.  If someone's trying to rape you but he's
        saying "I'm not going to kill you." and he's not suffocating you or
        anything, can you legally shoot him?
        \_ If you can prove that you were in fear for your life, then yes: you
           can legally use lethal force regardless of the gender of the
           attacker/attackee.  Of course, if the attacker is running away or is
           lying face-down on the ground, you'll have a much harder case.
                                   -Peace Officer Candidate
           \_ What does "in fear of your life" mean?  Does the standard
              change from whether you're a man or a woman?
              change from whether you're a man or a woman?  Is it easier
              to convince the authorities you're "in fear of your life"
              if you're a man or a woman?
              \_ It means that you're afraid you're going to be killed, maimed,
                 or severely injured.  It's a mindset that you have show you
                 were in.  In principle, no -- there's no difference, but
                 it's going to be harder to prove that you're in fear for
                 your life if you're a 260 lb male being attacked by an unarmed
                 105lb female.   -POC
                 \_ Trollish, but true.  If you're getting raped and you need
                    to shoot, you'd better hope you're a woman.
                    \_ Not trollish -- you see this shit often.  The bias is
                       there, but it's not as extreme as you think.
                       Ultimately, it's going to come down to whether you can
                       prove to the DA or the jury that you were genuinely
                       afraid and based on the information that you had, this
                       is a reasonable person's reaction.  -POC
             \_ Aside form all the noise, can a woman rape a man?  How?
                \_ Come on use your imagination... "If you don't fuck me, I'll
                   cut your throat."
        \_ Yes, iff the rapee is a female and the rapist is a male.  Females
           are an oppressed minority group, and they are entitled to extra
           legal protection when they feel threatened.
           \_ go away troll
           \_ I see.  So if the rapee is a male or the rapist is a female,
              it's illegal to shoot then?
              \_ settroll=ignore.  Rapee is entitled to shoot rapist if rapee
                 cannot otherwise escape/disable rapist, no matter the gender
                 of either party.
                 \_ What is rape?  What if it's your husband and you have a
                    headache?  Your boyfriend?  What if you're drunk and you
                    \_ If you can escape, you can't shoot. This is called
                       reasonable use of force.
                    suddenly find this guy on top of you?  What if you've
                    been doped with with drug de jour?
                    \_ I think all these cases are considered rape.
                    \_ If you can escape, you can't shoot. This is called
                       reasonable use of force.
                    \_ I think all these cases are legally considered rape.
                       \_ I know.  Does that mean you can shoot your way out
                          of all these situations?
                       \_ There are many states where a husband can not legally
                          rape his wife.
                 \_ Oh, so "only when your life is in danger" is actually "only
                    when your life is in danger or you're about to be raped and
                    can't escape."  I feel a little more relieved.  But I hope
                    it is extended to robbery as well.
                    it is extended to "robbery and can't escape" as well.
                    \_ It is.   -POC
              \_ Males are by definition oppressive in this society and
                 their actions require extra scrutiny.
                 \_ I hope you're being sarcastic.
        \_ "Look out! It's heading right for us!"
        \_ "or anything"?  What's "trying to rape you" count as if not a
           violent act with intent to do harm?
           \_ If "intent to do harm" is the same as "intent to kill",
              everything is fine.  But I don't know what the law says.
2024/12/25 [General] UID:1000 Activity:popular
12/25   

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