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  1. #1

    Default Self-Defense Against Sexual Assault

    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.

  2. #2
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    Default Re: Self-Defense Against Sexual Assault

    That would depend on the facts. The police may think that the person claiming self-defense is lying. The person may have used force that the police deem disproportionate to the alleged sexual assault.

    If this is about you, discuss the facts with your criminal defense lawyer.

  3. #3
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    Default Re: Self-Defense Against Sexual Assault

    Define "get in trouble."

    Nobody "gets in trouble" for properly using force to defend themselves or others from harm to life and limb.

    Where the "trouble" comes in is where there is doubt about how much force was necessary depending on the circumstances.

    Whether a man would "get in trouble" for responding to sexual assault with force depends on the SPECIFIC set of circumstances and there are probably thousands of sets of circumstances that could go either way.

    I'll give you two obvious examples.

    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.

    2 - A man breaks into my house, moves toward me in a threatening manner, I get my gun out, he sees it and runs away. I am unharmed but I shoot him in the back on his way out the door. Big trouble coming my way.

    There's probably 50 shades of gray in between those two extremes that can be imagined.

    You'll need to explain your question better.

  4. #4

    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting adjusterjack
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    Define "get in trouble."
    By "get in trouble," what I mean is to face charges, lawsuits, and possibly being slapped with a felony.

    Quote Quoting adjusterjack
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    Nobody "gets in trouble" for properly using force to defend themselves or others from harm to life and limb.
    And they shouldn't.

    Quote Quoting adjusterjack
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    Where the "trouble" comes in is where there is doubt about how much force was necessary depending on the circumstances.
    That depends. As you said, there are many shades of gray.

    Quote Quoting adjusterjack
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    Whether a man would "get in trouble" for responding to sexual assault with force depends on the SPECIFIC set of circumstances and there are probably thousands of sets of circumstances that could go either way.

    I'll give you two obvious examples.

    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.

    2 - A man breaks into my house, moves toward me in a threatening manner, I get my gun out, he sees it and runs away. I am unharmed but I shoot him in the back on his way out the door. Big trouble coming my way.
    Well there really is no grey area in the two examples you provide. In the first example you were in danger of being raped which falls under the category of "grave bodily harm." Deadly force is allowed to be used if you are in danger of grave bodily harm and so you would be justified in shooting your assailant. In the second example the perpetrator is running away so to shoot him at that point would clearly not be self defense. He is running away, he is not a threat to you at that point so shooting him then would not be self defense.

    Quote Quoting adjusterjack
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    There's probably 50 shades of gray in between those two extremes that can be imagined.
    Yes and that's what can create problems. Although I would think that who the attacker is in addition to how they're attacking can justify a greater level of force. For instance, a large man would certainly be a greater threat than a petite woman or a small child and thus you would be justified in using a greater level of force against a large man than the latter two if they were attacking you to the same degree.

    Quote Quoting adjusterjack
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    You'll need to explain your question better.
    Well yes, and I should give some examples.

  5. Default Re: Self-Defense Against Sexual Assault

    Quote Quoting adjusterjack
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    Where the "trouble" comes in is where there is doubt about how much force was necessary depending on the circumstances..
    Unfortunately, sometimes police don't wait to cast this sort of doubt. If they have evidence to establish the elements of an assault, they can arrest and let discrepancies work out in the court room. You can be left to proving your innocence in these sorts of situations. Happened to someone I know. Otherwise, I mean anyone could try to claim dude was trying to grab my junk as an excuse to deck him.

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    Default Re: Self-Defense Against Sexual Assault

    I can tell you that even if you are 100% justified in your self-defense, you are going to have "trouble" if you shoot someone.

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    Default Re: Self-Defense Against Sexual Assault

    Imagine a world where someone could shoot someone else, say it was self defense, and the police said, "oh, okay, no need to look into this then..." Of course law enforcement will investigate to determine whether reasonable force was used for any self-defense claim just as they will investigate any claimed alibi...

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    Default Re: Self-Defense Against Sexual Assault

    Quote Quoting bipolarschitzopsychopath
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    Unfortunately, sometimes police don't wait to cast this sort of doubt. If they have evidence to establish the elements of an assault, they can arrest and let discrepancies work out in the court room. You can be left to proving your innocence in these sorts of situations. Happened to someone I know. Otherwise, I mean anyone could try to claim dude was trying to grab my junk as an excuse to deck him.
    But that would represent only a very small, insignificant threat, non?

  9. #9
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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.
    Do you have a specific case where a man was arrested for defending himself from someone sexually assaulting him? Anyone can be assaulted sexually and anyone can be a perpetrator. Women sexually assault men too. Or women sexually assault women. And so on.

    No one can really answer that without knowing specifics of the case. Did you or someone you know get arrested for defending yourself from a sexual assault?

  10. #10
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    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
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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