Is it okay to kill your rapist?

Original post by StrawbAri

So recently in my country, a woman stabbed her rapist to death whilst he was raping her.
Apparently the rapist was a notorious pastor in the area that was well known for molesting the local women. His killer/victim allegedly came to him for spiritual guidance and he invited her to the local baptism pool for 'deliverance'. He then began to rape her and in her struggle to get free she picked up a sharp stick conveniently lying around and stabbed him to death.

The woman was arrested but released shortly after on bail. She is now considered a local hero.
The late 'pastor' left behind a wife and kids.

Do you think what she did was right? Would you do the same in her situation? Do you think it's right to kill anyone even if it's in self defense?

Whether or not the woman's actions were right, I'll save that for another discussion. However, whether or not the killing is legally self-defence depends on the application of s.76 Criminal Justice and Immigration Act 2008 and the requirements for Common Law self-defence.

To summarize the law, the law requires the killer (or rather, the self-defender) to defend himself in a way which is reasonably necessary for him to remove the threat. Whether or not the force he uses to remove the threat is reasonable has to be objectively assessed (s.76(3)), based on the circumstances which he subjectively believed he was in, even if it were wrong (s.76(4)), unless he is intoxicated (s.76(5)). However, if the use of force was disproportionate to the circumstances which the killer believed he was in, then the use of force is not reasonable (s.76(6)); nevertheless, the jury must take into consideration when determining whether the use of force was reasonable the possibility that the killer was not able to weigh the cause/effect of his actions and whether his actions were naturally instinctive given the situation (s.76(7)).

So there are a range of "threats" which we may face in our lives, from relatively minor ones such as being pickpocketed to major ones such as being potentially killed in a burglary. The answer to these two scenarios are pretty obvious: it would reasonably necessary to kill while defending ourselves in the latter situation, but not the former. However, threats which are in between these two polar opposites are harder to judge, so don't think that you can get away with killing in self-defence too easily.

Reply 24

Got what was coming to him - legally that's self defence, so yaknow.

In answer to your question about hunting him down after - legally, it's not right, morally that's questionable. Personally, I think he'd get what was coming to him.

Reply 25

Omar717

14

She was defending herself; good on her.

A LOT better than surrendering to him.

Reply 26

Original post by Snufkin

Depends. If this was a violent rape then stabbing someone is an understandable reaction (although it still wouldn't be moral). If she wasn't being hurt and her life wasn't in danger then clearly she overreacted and should be punished.

I can't believe that's something I just read with my own eyes in 2015. JFC.

Reply 27

Original post by ChocoCoatedLemons

I can't believe that's something I just read with my own eyes in 2015. JFC.

Actually the example which he gave could technically be legally true.

Reply 28

Asolare

20

I was going to say no but I re-read the FP properly, she was right to do it in this instance as it was an act of self defence moreso attempted murder.

However if she'd been raped by him before and then decided to track him down X amount of time later then stab him, then no that's not acceptable.

Reply 29

Howard

5

No. It's not OK. Rapists are people too.

Reply 30

Original post by Bupdeeboowah

Actually the example which he gave could technically be legally true.

There is no such thing as a non-violent rape. Rape is inherently violent.

I won't debate this, so please don't try.

Reply 31

Original post by ChocoCoatedLemons

There is no such thing as a non-violent rape. Rape is inherently violent.

I won't debate this, so please don't try.

I suggest you read up on the requirements of rape law which I summarised above, before make any hasty decision in painting the law on rape and self-defence as something black and white.

Please debate this, I welcome such a challenge.

Reply 32

Original post by Bupdeeboowah

I suggest you read up on the requirements of rape law which I summarised above, before make any hasty decision in painting the law on rape and self-defence as something black and white.

Please debate this, I welcome such a challenge.

I know what the law is on rape and self defence, I'm a third year law student.

As I said, I will not debate this. Rape is always violent simply by the nature of the crime. Feel free to disagree, but as far as I am concerned it is not up for debate, and only the unrealistic or rape-apologists would argue otherwise. Therefore, I refuse to argue on this topic.

Have a nice night.

Reply 33

Original post by ChocoCoatedLemons

I know what the law is on rape and self defence, I'm a third year law student.

As I said, I will not debate this. Rape is always violent simply by the nature of the crime. Feel free to disagree, but as far as I am concerned it is not up for debate, and only the unrealistic or rape-apologists would argue otherwise. Therefore, I refuse to argue on this topic.

Have a nice night.

So you are saying that, under UK law, it would be reasonably necessary to kill someone (rather than just harm him) if the rapist is non-physically violent, i.e. that the rape victim will not be left with any physical injuries?

I think you're not thinking hard enough as a law student, and branding others who want justice and truth as rape-apologists is highly disingenuous.

(edited 8 years ago)

Reply 34

Ethereal21foreva

15

I agree with the people that is on the woman's side.

Reply 35

the bear

20

ermm presumably we only have the perp's account of what happened. it is not unknown for people to make stuff up.

Reply 36

DiddyDec01

Universities Forum Helper

Original post by william walker

Right yes, immoral yes, unlawful yes.

How is acting in self defence unlawful?

Reply 37

Snufkin

21

Original post by ChocoCoatedLemons

I can't believe that's something I just read with my own eyes in 2015. JFC.

What's the problem? I'm not defending rapists, but killing someone removes any possibility of redemption. I respect life and I think everyone should be given the chance to change and make up for the wrongs they do.

Reply 38