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  1. #11

    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.

  2. #12
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    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.

  3. #13
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    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?

  4. #14
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    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.

  5. #15

    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.

  6. #16
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    Default Re: Self-Defense Against Sexual Assault

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

  7. #17
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    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting Justified Force
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    My question involves criminal law for the state of: NJ
    As I am from NJ this post is mostly about the law in NJ regarding this but more or less it would apply to the entire country. Anyway, my post is about self defense from sexual assault. When people think about sexual assault usually they think about a woman being sexually assaulted somehow or another. Often that is the case but the fact remans that men can be and are sexually assaulted. Men get sexually assaulted by other men. So, what I want to point out is a man should not get in trouble for using physical force against another man who is sexually assaulting him as that would be self defense. So what I want to ask is, why would a man get in trouble for using physical force in such a situation? Its self defense.
    Have you been sexually assaulted by another man? Or an attempt made?

    None of us were there nor have you provided details to any specific case. It's hard to answer not knowing specifics. But as stated if someone uses more force than necessary to defend themselves they can be arrested.

    Let's say that Joe is being sexually assaulted by Steve. He fights back and subdues Steve but then in his rage he brutally beats him when he had the opportunity to leave after subduing him. Well now Joe can be arrested for assault or any number of charges. That same thing could happen if a man assaulted a woman and she used disproportionate force. Or a man who fought back a woman sexually assaulting him.

    Self defense isn't a get out of jail free card.

    If you have an issue with something you were charged with talk to a lawyer. If it's a friend, he needs to talk to a lawyer.

  8. #18

    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting qwaspolk69
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    Have you been sexually assaulted by another man? Or an attempt made?

    None of us were there nor have you provided details to any specific case. It's hard to answer not knowing specifics. But as stated if someone uses more force than necessary to defend themselves they can be arrested.

    Let's say that Joe is being sexually assaulted by Steve. He fights back and subdues Steve but then in his rage he brutally beats him when he had the opportunity to leave after subduing him. Well now Joe can be arrested for assault or any number of charges. That same thing could happen if a man assaulted a woman and she used disproportionate force. Or a man who fought back a woman sexually assaulting him.

    Self defense isn't a get out of jail free card.

    If you have an issue with something you were charged with talk to a lawyer. If it's a friend, he needs to talk to a lawyer.
    Well obviously Joe would be in the wrong when he continues to beat on Steve after Steve is no longer a threat. However, I don't see why Joe would be charged if he were to stop once Steve stops. After all, the intent of self defense is not to kill, not to injure, but to stop. If you're intent is to stop than it clearly would be a case of self defense, I would think. To continue to beat on an attacker after they're no longer a threat would show that your intent goes beyond stopping them which would cross the line so that it would no longer be self defense but excessive force.

    Self defense isn't supposed to be a get out of jail free card. Its supposed to be a not go to jail in the first place card. Self defense is a right and therefore it shouldn't get you thrown in jail any more than exercising any other right such as breathing.

  9. #19
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    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting Justified Force
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    Self defense isn't supposed to be a get out of jail free card. Its supposed to be a not go to jail in the first place card. Self defense is a right and therefore it shouldn't get you thrown in jail any more than exercising any other right such as breathing.
    That is where you are wrong. You can very much be taken to jail if the facts do not support your alleged self defense claim. It is then up to the legal system to sort it out.

  10. #20
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    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting Justified Force
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    Well obviously Joe would be in the wrong when he continues to beat on Steve after Steve is no longer a threat. However, I don't see why Joe would be charged if he were to stop once Steve stops. After all, the intent of self defense is not to kill, not to injure, but to stop. If you're intent is to stop than it clearly would be a case of self defense, I would think. To continue to beat on an attacker after they're no longer a threat would show that your intent goes beyond stopping them which would cross the line so that it would no longer be self defense but excessive force.

    Self defense isn't supposed to be a get out of jail free card. Its supposed to be a not go to jail in the first place card. Self defense is a right and therefore it shouldn't get you thrown in jail any more than exercising any other right such as breathing.
    So, in a situation of "he said/she said" ... exactly who should we believe?

    Hmm?

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