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 Rape 
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 Post subject: Re: Rape
PostPosted: Thu Jul 09, 2009 11:51 pm 
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I think rape can always equate to grave bodily harm....risk of pregnancy, risk of STDs, very visseral violation of your body

Of course, for a male I would say you would be equally entitled to use deadly force if someone was going to kidnap you and take out your kidney for sale on the black market...even it they were using sterile instruments and promised to stitch you up nicely and leave you with a bottle of antibiotics.


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 Post subject: Re: Rape
PostPosted: Fri Jul 10, 2009 12:42 am 
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Savagesweat wrote:
Kimberman, you're a lawyer, right?
\

I'm just a board member but I didn't notice Kimberman as part of this thread. On my own part I would suggest that the legalize could get muddied quickly (who did what to whom). At the end of the day a decision would be required as to if the use of deadly force is appropriate, especially given that the County PA might define you as the actor that committed a felony crime. The recent Treptow events may give rise to those fears. :!: :evil:

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 Post subject: Re: Rape
PostPosted: Tue Aug 04, 2009 10:21 am 
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there is an excellent article by Massad Ayoob on this at http://www.backwoodshome.com/articles/ayoob65.html


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 Post subject: Re: Rape
PostPosted: Tue Aug 04, 2009 10:33 am 
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Good find, Nixie.

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 Post subject: Re: Rape
PostPosted: Tue Aug 04, 2009 11:30 am 
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And thanks for linking to the site. There looks like plenty of good reading there beyond just that outstanding article.

Thanks Nixie & welcome.

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 Post subject: Re: Rape
PostPosted: Tue Aug 04, 2009 11:45 am 
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From Ayoob's article:

Quote:
A couple of one-armed sexual predators who didn’t understand reality are still alive. One attempted to rape at gunpoint an electrologist who had her father’s S&W .44 Magnum in her purse. She shot it out with him. His one shot with his .25 auto missed. She got him two for two in the gun arm with her Dirty Harry commemorative model, leaving him with only one functional upper limb. The shooting, of course, was ruled justifiable.


Those of you have taken my class know I refer to this specific case. The attacker had grabbed her by the arm and shoved a gun into her ribs, and was dragging her to a poorly-lit area. She offered her purse, and he continued to drag her. At that point, she drew the gun and shot him. She was clearly in jepoardy as he had a gun pressed against her body and was holding her by the arm with his other hand.


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 Post subject: Re: Rape
PostPosted: Sun Aug 23, 2009 3:54 pm 
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If we can agree that a disparity of force always exists between man and woman and that RAPE is not about sex but is about violence, then the use of deadly force is clearly justified based on the AOJ-P.

I cannot say for certain because I don't know, but it would not surprise me if many rapes were accompanied by a verbal threat of death e.g. "stop fighting and shut your f-ing mouth or I will kill you".

In my mind the answer is crystal clear and always has been regarding the use of DF to prevent rape.

73% of all sexual assaults are committed by somone known to the victim
38% of rapists are a friend or acquaintance
28% are an intimate
50% of all rape/sexual assault incidents happen less than 1 mile from the home or in the victims home
43% of rapes occur between 6:00pm and midnight

The average age of a rapist is 31 years old and 52% are white
In 1 in 3 sexual assaults, the perpetrator was intoxicated — 30% with alcohol, 4% with drugs
In 2001, 11% of rapes involved the use of a weapon — 3% used a gun, 6% used a knife, and 2 % used another form of weapon
84% of victims reported the use of physical force only

Here are some stats: http://www.rainn.org/statistics


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 Post subject: Re: Rape
PostPosted: Mon Aug 24, 2009 2:19 pm 
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mrokern wrote:
Blued Steel wrote:
NDtish's experience not withstanding, and I am completely in agreement that rape is GBH, despite what some might nitpick over the reading of the laws, the laws have also stated that with the risk of HepC and HIV, rape in and of itself can be considered attempted murder. There is a huge difference between case law and precedent, and statute.


Caselaw, please. Seriously. I've heard of cases where a person with said disease(s) was charged, but not one with a perp who did not have the diseases. I'm interested, because that would be important precedent to know.

The key issue is whether the victim reasonably believes herself to be under threat of GBH. I'd say that, short of the perp presenting a medical certificate, that's the case.


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 Post subject: Re: Rape
PostPosted: Tue Sep 29, 2009 5:46 pm 
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Quote:
The key issue is whether the victim reasonably believes herself to be under threat of GBH. I'd say that, short of the perp presenting a medical certificate, that's the case.


In my case, yes I believed I was under the threat of GBH, considering the perp presented himself with a gun at my head, and then moved it to my ribs.

The problem with my case was, I had recently graduated high school, it was the 80's with no DNA, and the detective straight out told me that my entire sexual history would be looked into. I couldn't go through the hell that everyone was telling me that I would go through, so nothing happened. I've always felt guilty that I didn't go any further, thinking that he may have done this to someone else.

I have to say, that this all happened in Oklahoma, where I'm from, so any laws would have pertained to that state.

ne


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 Post subject: Re: Rape
PostPosted: Tue Sep 29, 2009 7:22 pm 
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tepin wrote:
If we can agree that a disparity of force always exists between man and woman ...

Well, we probably can, but not necessarily the way you mean. I think there's a disparity of force between most men, and, say Sgt. Leigh Ann Hester (the first female Silver Star winner), but that's just 'cause she could beat the crap out of most men.

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 Post subject: Re: Rape
PostPosted: Tue Sep 29, 2009 9:33 pm 
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joelr wrote:
tepin wrote:
If we can agree that a disparity of force always exists between man and woman ...

Well, we probably can, but not necessarily the way you mean. I think there's a disparity of force between most men, and, say Sgt. Leigh Ann Hester (the first female Silver Star winner), but that's just 'cause she could beat the crap out of most men.


It wasn't hand to hand combat, but point taken. It's a scientific fact that males have a genetic advantage in building muscle mass because their higher testosterone levels.

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