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. :-)
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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.
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.
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!