Just wondering if anyone happens to know. Where does rape (date or otherwise) come into play in the spectrum of violence (non-lethal vs. lethal)? Because if that young lady uses a knife to blunt amorous advances from a not-so-friendly suitor, does she risk being brought up on charges?
*grumble* *snarl* *growl* motherloving Internet Explorerer. only thing it does quickly is crash *grumble*
I had a long answer to your question. Now I've got to re-write the puppy after the damned browser crashed.
Grrr
Anyhow, here's what I was writing when Micro$oft so rudely interrupted...
O Disclaimer
I'm not a lawyer. I'm certainly not your lawyer. If you are stupid enough to take legal advice from me you probably deserve to be in a Home for the Feeble-Minded. There are people who give legal advice for a living. They are called "Attorneys" in the US and "Barristers" or "Solicitors" in the UK depending on how close they get to courtrooms.
There are some people who are not lawyers who give excellent advice on self defense.
Massad Ayoob is one of the best. He gives a forty hour course on the legal and ethical aspects of the use of force in self defense that's half classroom and half range time. It is more thorough than what lawyers learn in law school. Take it. It will be the best self defense investment you will ever make.
I've used "he" for the rapist and "she" for the defender. Yes. Men rape men. Women rape women. Women rape men. The question was about men raping women, and that does cover the vast majority of such crimes in the normal course of things.
I General Thoughts on Self Defense and the Law
See above. I'm just a self defense and martial arts teacher who takes an interest in aspects of the subject outside how to hit and stab people. Go to the experts for more authoritative opinions. These are just my somewhat educated opinions
The Law in those parts of the world whose legal traditions come from English Common, Dutch Roman or Sharia Law holds that human life is important. You can't just go killing people without a really good reason. One of the really good reasons is to prevent people from doing terrible crimes against innocent people. Exactly which crimes are so horrific as to justify killing varies from place to place, but they almost always include murder, armed robbery, arson against an occupied building, a violent invasion of your home while you are in it,
rape, forcible sodomy and kidnapping.
If you
reasonably believe that you or an innocent third party is in
immediate and
otherwise unavoidable danger of becoming a victim of one of these crimes you are justified in using force including deadly force to prevent it from happening.
As with everything else in the legal system it depends on the judge, the jury, how you present yourself, the officers who investigate the crime, the competence of your legal representation and the two most common types of luck - blind and dumb. But this is the theory and how the smart money bets.
So yes, sexual assaults are one of those things that justifies the use of deadly force under the law in much of the world.
II Story Hour - Disparity of Force
Another idea that's important to keep in mind is what they call "disparity of force". In English it translates to "what everyone's bringing to the party". If the attacker is bigger, stronger, better armed, known to the defender at the time to have a history of violence or special training, is enraged or on certain drugs the defender doesn't have to hold back as much as she or he might otherwise.
In general women are considered to be at a disadvantage when they have to defend themselves against men. Men are on average taller, stronger, faster runners, more experienced in fighting and have more of the wonder chemical testosterone.
The example we used to give in class was Grandma and Bubba.
Grandma has taken eighty five trips around that mean old Sun. She weighs exactly one pound sopping wet for each of those years. She's pretty spry and gets around surprisingly well with her walker.
Bubba's six foot three inch frame supports about 240 pounds of steroid-inflated muscle. He bucks hay bales for a living and pumps iron for fun. He
was the front four on his high school football team.
If Grandma gets confused and tries to hit Bubba with her walker he might be justified in holding her at arm's length until she gets tired.
If Bubba attacks Grandma and she shoots him so full of holes that small birds can nest in what used to be his chest cavity the police are going to take a look. They will say "Are you alright, ma'am? Do you need a ride home? Nice groups."
III Rape
I'm not meaning to beat up on you, but there's a few dangerous misconceptions hiding in what you write. What if, you ask, a young woman uses a knife to "blunt amorous advances" from a "not-so-friendly suitor". When she tells him to stop and he continues he's not a "suitor". He's a rapist. If he doesn't immediately stop and apologize abjectly when she says "Get your mother****ing hands off me you son of a *****!" there's no doubt at all. He's a violent felon who is trying to commit a life threatening crime against her. It doesn't make it better if he knows her first name and has been in public with her a couple times. That makes it worse because of the betrayal of trust.
Stopping someone like that with deadly force falls so far
inside the bounds of self defense that it shouldn't even require mentioning.
I won't argue the whole "rape is about power, not sex" thing. Rape is about the rapist sticking parts of his body into parts of a woman's body without permission. I couldn't care less about the motivations or what psychological profile he fits. Leave that to the priest and the psychiatrist. I'm concerned with "attempted rapist" and "defeated rapist" and I won't shed a tear if it means "dead rapist".
A suitor is trying to get into someone's heart or at least get an invitation into her pants. An amorous suitor is someone who loves her or thinks he loves her or wants her to love him and is trying to get into her pants. When a refusal is ignored you find out whether he's really a suitor or a just rapist who was just looking for a low-calorie way of getting his plugs cleaned.
If he's "not-so-friendly" he's not a suitor. He's a rapist.
According to volumes and volumes of research almost all rapes are committed by acquaintances. Most of them are preceeded by several minutes of conversation and increasingly personal boundary violations. Firm refusal early on can stop the situation before the rapist has invested too much in committing his crime on that particular woman at that particular time. Predators are looking for an easy dinner, not a fight.
If it gets to the point where physical resistance is required a knife is an excellent tool and can be very effective.
Legally there are some parameters, but they're pretty common sense.
"We were watching a movie together at the Octopusplex. He put his arm around me. I cut his throat," is probably a mistake
"I was at a house party and went upstairs for a few minutes. He came in, locked the door, turned the volume on the TV way up and made a grab for my boobs. I hit him. He hit me and knocked me down. I got out my knife and tried to cut off his nadgers. He called me a psycho ***** and left. Then I called the police," is probably not going to cause a woman too much trouble.
"Half a dozen drunken hockey players tried to hold me down and take turns. I kept cutting and stabbing until two of them were down and the rest were out of reach and running away. I put a tourniquet around the one bleeding from the femoral artery, then I called the police," might get her a spot in the textbooks under "justifiable use of deadly force".