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A defendant in North Carolina has been charged with assault with a deadly weapon inflicting serious injury, with intent to kill. He didn't tell the police that he was fending off a rape. Should he make that statement to the police, even though that could be seen as a confession to the charges?
At this point, he should speak only to his criminal defense lawyer.
The police and prosecutor will be skeptical of any claim raised after-the-fact that a reasonable person would be likely to raise at the time the police arrived. Also, even if they believe him, the nature and extent of the assault may still result in a criminal charge based upon the theory that he used an excessive amount of force relative to the claimed threat.
He should not speak to the police, except on the advice and instruction of his lawyer.