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  1. #1
    Join Date
    Jan 2010
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    New Jersey
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    3,666

    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting adjusterjack
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    1 - A man breaks into my house, grabs me, throws me down, pins me to the floor and tries to stick his _____ up my _____. I manage to get my gun and shoot him dead. No trouble there.
    Not in NJ... You have a duty to retreat first.
    New Jersey self defense requires the defendant to have a reasonable belief about three subjects:

    The force defendant is using must be immediately necessary – in other words the defendant must believe that the unlawful force will be used against him at the time that he acts;

    the force used against the defendant must be unlawful – this defense is not available to the aggressor;

    the amount of force which the defendant uses must be necessary – this defense is unavailable if the actor is unreasonable in his belief about the amount of force necessary and if acting on this unreasonable belief the actor uses an excessive amount of force.
    http://www.newjersey-legal-guide.com...f-Defense.html

  2. #2

    Default Re: Self-Defense Against Sexual Assault

    Much of the posts here have been about using weapons, most specifically shooting somebody. Most specifically if you can shoot an assailant. That is certainly something to take into consideration and the justification of such a level of force should definitely be taken into consideration if one plans to prepare for the possibility of ever using such a level of force but the point of my thread was more about self defense in general not specifically self defense with weapons and the legal consequences for using self defense that doesn't involve weapons.

    As adjusterjack said I should explain my question better and as I said, I should give an example. So here is my example. Lets say Im a guy in college. Im on campus and this other guy in my college touches me or tries to touch me somewhere on the body that's covered by the bathing suit. And so I punch him in the face. My question would be what legal consequences would I face? The way I see it, I should not get in trouble as that would clearly be a case of self defense. In the good old USA you're allowed to defend yourself. So for me to get in trouble in such a situation than there is clearly something wrong with our system.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Self-Defense Against Sexual Assault

    You would face charges for either.

    It would be up to your attorney to argue the self defense issue. You may or may not be cleared.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting Justified Force
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    Much of the posts here have been about using weapons, most specifically shooting somebody. Most specifically if you can shoot an assailant. That is certainly something to take into consideration and the justification of such a level of force should definitely be taken into consideration if one plans to prepare for the possibility of ever using such a level of force but the point of my thread was more about self defense in general not specifically self defense with weapons and the legal consequences for using self defense that doesn't involve weapons.

    As adjusterjack said I should explain my question better and as I said, I should give an example. So here is my example. Lets say Im a guy in college. Im on campus and this other guy in my college touches me or tries to touch me somewhere on the body that's covered by the bathing suit. And so I punch him in the face. My question would be what legal consequences would I face? The way I see it, I should not get in trouble as that would clearly be a case of self defense. In the good old USA you're allowed to defend yourself. So for me to get in trouble in such a situation than there is clearly something wrong with our system.
    Oh, I don't think the system would be at fault.

    Is punching someone for incidental contact appropriate?

    Oh .. that's not what you meant?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Self-Defense Against Sexual Assault

    If I recall correctly, for a self defense claim to stand up you need to have used the minimum necessary to protect yourself. If you can escape the situation without punching someone, you are expected to do so.

  6. #6

    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting cbg
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    If I recall correctly, for a self defense claim to stand up you need to have used the minimum necessary to protect yourself. If you can escape the situation without punching someone, you are expected to do so.
    I would think that would depend on where you are and the guidelines for the jurisdiction you're in. For instance in some places you're allowed to stand your ground without the duty to retreat. So you wouldn't have to escape or run when faced with a threat.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Self-Defense Against Sexual Assault

    "Standing your ground" and "excessive force" are not synonymous.

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