AikiWeb Aikido Forums - View Single Post

Michael Hackett · 05-10-2012, 04:11 PM

Josephine, you ask tough questions!

In your first scenario, yes, the rape victim could defend herself. First, there is no guarantee that the rapist won't severely injure or kill her beyond and after the rape itself. Secondly, the very act of rape is an attack likely to create great bodily harm, or the fear of the same.

In your second scenario, yes is probably the correct answer. In most jurisdictions a person can act to protect another from imminent death or bodily harm. The law is silent regarding gender. The major issue would be the amount of force used and whether it was reasonable.

That begs the question of what is reasonable. The term means the average person in the same situation would view the force used as "reasonable". There is no objective scale to rely on. Police agents have a different standard that speaks to whether a reasonable peace officer in the same circumstances would view the force as reasonable and addresses the underlying activity that caused the use of force; whether the individual is continuing to resist or attempt to escape, the danger presented by the individual's conduct to the officer and public, and speaks also to a dynamic and evolving situation.

No one can give you a menu of options you can rely on. Talk to your instructor again, since he or she is interested in keeping his or her students from legal harm. You can pose hypothetical situations until the cows come home, and each will require a thoughtful analysis. In general you can defend yourself if you rationally believe that you are in danger of being attacked and suffering harm. Simply being scared isn't enough - you have to have a real and rational belief and you have to be able to articulate why you held that belief at that moment.

My ramblings here don't constitute legal advice and may even be inaccurate in your jurisdiction or situation. In our local schools here, a student has NO right of self-defense on campus by the policies of the school board. He could be legally right in defending himself, but still be expelled for engaging in a fight. So, as someone here once said so eloquently, YMMV.

05-10-2012, 04:11 PM	#73
Michael Hackett Dojo: Kenshinkan Dojo (Aikido of North County) Vista, CA Location: Oceanside, California Join Date: Oct 2000 Posts: 1,253 Offline	Re: The Consequences of Fighting Josephine, you ask tough questions! In your first scenario, yes, the rape victim could defend herself. First, there is no guarantee that the rapist won't severely injure or kill her beyond and after the rape itself. Secondly, the very act of rape is an attack likely to create great bodily harm, or the fear of the same. In your second scenario, yes is probably the correct answer. In most jurisdictions a person can act to protect another from imminent death or bodily harm. The law is silent regarding gender. The major issue would be the amount of force used and whether it was reasonable. That begs the question of what is reasonable. The term means the average person in the same situation would view the force used as "reasonable". There is no objective scale to rely on. Police agents have a different standard that speaks to whether a reasonable peace officer in the same circumstances would view the force as reasonable and addresses the underlying activity that caused the use of force; whether the individual is continuing to resist or attempt to escape, the danger presented by the individual's conduct to the officer and public, and speaks also to a dynamic and evolving situation. No one can give you a menu of options you can rely on. Talk to your instructor again, since he or she is interested in keeping his or her students from legal harm. You can pose hypothetical situations until the cows come home, and each will require a thoughtful analysis. In general you can defend yourself if you rationally believe that you are in danger of being attacked and suffering harm. Simply being scared isn't enough - you have to have a real and rational belief and you have to be able to articulate why you held that belief at that moment. My ramblings here don't constitute legal advice and may even be inaccurate in your jurisdiction or situation. In our local schools here, a student has NO right of self-defense on campus by the policies of the school board. He could be legally right in defending himself, but still be expelled for engaging in a fight. So, as someone here once said so eloquently, YMMV.
	Michael "Leave the gun. Bring the cannoli."