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Another Legal to shoot in this situation thread.

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In a hypothetical situation such as that...why would you shoot the guy? Even if (and thats a pretty big if) you were able to pull an OJ, she would do it with someone else. Best to just take as many pictures as you can to use in court. :-)
 
YOU THINK SHE IS BEING RAPED. You don't know at the time that she is cheating. Completely hypothetical situation.
You walk in and hear screaming, walk in and the guy mounted up on your girl and shes screaming and you think she is being raped. Never once has she seemed like she would cheat and thats why you think that.
 
YOU THINK SHE IS BEING RAPED. You don't know at the time that she is cheating. Completely hypothetical situation.
You walk in and hear screaming, walk in and the guy mounted up on your girl and shes screaming and you think she is being raped. Never once has she seemed like she would cheat and thats why you think that.

If I was on a jury I might vote to acquit - IF - I really believed your sincerity. Of course, the judge's instructions might limit what I could do. A good prosecutor might ask if she commonly screamed while in such a position (so to speak)
 
Now you are getting into some gray areas... besides if I keep giving away answers all the people who come to take our classes will skip the classroom part.
Short answer: Lots of variables could swing the juries vote but in GA it is legal to use deadly force in defense against a forcible felony, provided your attorney & your testimony can convince the jury that that was actually the case, it was necessary, etc.
Lots of variables here.
Shorter statement(I think your indian name would be,"one that stirs the pot")
 
Would it be legal to shoot a guy if you walked in on him and your girl friend/fiance/wife having sex?
Could you say that you thought that he was raping her?
Maybe not so much your girl friend but more towards the other two.

Some one I know bet the guy with a bat after walking in. Put the guy in a wheel chair. Cost him over $10,000 not to go to jail for attempted murder. And this was his first EVER crime. He walked away with a fine and community service. So, I would say no, not legally. But yes you can do anything with a good attorney.
 
BTW - I am no legal expert but the French legal code used to specifically provide a defense for "crimes of passion" - I believe the English and US codes provide no such defense. The circumstances may however, mitigate against, a charge of premeditation - unless someone finds these posts you've made!

Not too hard link: http://www.dogpile.com/dogpile/ws/results/Web/blazedawg87%20Another%20Legal%20to%20shoot%20in%20this%20situation%20thread/1/417/TopNavigation/Relevance/iq=true/zoom=off/_iceUrlFlag=7?_IceUrl=true
 
If you came in and actually caught a forcible rape in progress, actually observed violence, a fight, use of a weapon , fists and visible injury..bleeding wounds etc, you would concieveably have a chance of defending your action by the "heat of the moment" theory..however be forewarned that if you just walked in on a consensual sex act, you lost that possibility the moment you posted this thread as a prosecutor would use it as evidence you thought it out and began to form the plan in your mind way before the act itself, then put the plan into action to set it up and carry it out and that means 'Premeditation" and there's two possibilities from there.... life in prison or death row.
 
This is only an opinion and not a suggestion I am not responsible for any resulting injuries. Knee cap'em, then there's noway your Liable for Murder charges and he'll be in wheel chair for the rest of his life, for ever mindful of what he was doing, legal or not!
 
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