If a chick was getting raped and some dude saw and went and killed the rapist would he get charged with muder?

Question

i've always wanted to know

i'd seem unreasonable if the guy did

Answer 1

yes

Answer 2

Would depend on the circumstances, there is no blanket rule

Answer 3

yes he would. recently there was something in the news about a guy killing two people who were robbing his neighbors house, and although it was for the better good he was still charged, and that is generally looked at

Answer 4

theres a case that actually happened in the states wherby a guy killed a guy who was raping a stranger he is now serving time its soooo sad but it happens

Answer 5

It depends on the DA and the circumstances of the incident.  If the rapist had a knife held to the girl, I doubt charges of murder would be filed.  

But just because the guy was charged doesn't mean he would be convicted.

Now, assume you come across a rape in progress and somehow spook the guy.  He gets off the woman and has no weapon.  He looks at you, and turns and runs the opposite direction (and he has a clear escape route).  You pull a gun and shoot him.  I would back any DA that charges you with murder in that case.  

Rule of thumb I learned in college ( BS-Criminal Justice) was to only go one level of force above what the bad guy was using.  

EDIT - Please note below I changed my reference.  It was TN v. Garner, not Williams.  Sorry, but Criminal Procedure was about 14 years ago, and I am no longer in LE.

Answer 6

If the rape was in progress at the time of the killing, then most probably not. It could be considered a justifiable homicide because the woman’s life was in imminent danger. If the killing was done just moments after the rape and the rapist was still an immediate threat of seriously injuring or killing others present, then the killing would probably be justified. The incident still would be investigated thoroughly and with great scrutiny in determining whether or not deadly force was appropriate/necessary or not…. Tons of factors would come into play here in determining the outcome.

On the other hand, if the rapist…let’s say… walked to the local bar right after the rape and you followed him in and killed him. Then you could be in some serious trouble!  However, it may be a lesser degree of murder in this instance because it was carried out in “a heat passion” ..but still very serious.

If the killing of the rapist were to take place several days, weeks or months after, then your getting into “pre-meditated” homicide territory of which those charges could land you in prison for a very-very long time

Answer 7

I'd say honestly that yes they would, you can't take the law into your own hands unless you want to pay the high price..

Answer 8

Yes, because criminals have more protection from the powers that be than non criminals, and it would go something like this:He's wasn't a criminal, he was just mentally ill.Shame on you for accidentally  killing him.He didn't know what he was doing was wrong, and we could have rehabilitated him. etc.etc. People who have this mindset should have to house, feed and clothe these criminals during their "rehabilitation".

Answer 9

Yes? But in New Zealand they believe that no one should take the Law into their own hands. Nevertheless the Law Enforcer's have become subject to this very crime themselves. Yet to your surprise these Law enforcer's had been pulled up twice. One for a pack rape in 1989 and again in 2005 for the same offence. However the second case allowed the Jury not to be told all the evidence and information was withheld. When giving a verdict all protest began. The people of New Zealand got upset with the outcome of the Judicial Procedure's. I feel that this Law abiding citizen deserves a fair trial in the acknowledgement of saving this woman who may be his mother, wife, daughter, friend, niece, daughter, or grand-daughter. If I was to witness something like this for myself I to wouldn't walk by as though nothing happened. As you find today that the Police take to long to arrive to the scenes of a crime and put people's lives at risk. I believe that the safety of others always comes first, regardless of the circumstances or situation.

Answer 10

In this liberal society of ours, they would hang him before they would the rapist,  so that means you have to run over there and politely ask the rapist to please not do that, remember you dont want to hurt his feelings, and dont put your hands on him or you can be charged with assault

Answer 11

yes.it is a murder not culpable for homicide.

Answer 12

Yes. Just like the rapist had no right to rape that girl, the 'Superhero' had no right to kill the rapist.  Two wrongs don't make a right or didn't anyone ever tell you that while growing up?

Answer 13

If the force used was not reasonable and necessary under the circumstances, then yes he might very well be charged with at least some form of murder or manslaughter and possibly found guilty.  That would especially be true if he killed the rapist when the woman was no longer in direct danger from the attacker.  

If on the other hand there was reason for him to believe that lethal force was necessary to try to stop the crime he witnessed, then I believe he wouldn't be charged or if charged would most likely be found innocent.

Answer 14

The law states very clearly that a citizen can use a reasonable amount of force necessary to instigate a "citizens arrest" this does not include Killing someone in the process unless your own life or someone Else's was at risk,whilst I agree as to what "should" be done to a rapist in the eyes of the law it is a different matter,a prosecutor would say undue force was used and you could have restrained him whilst waiting for police officers,there are loads of problems with this type of situation and a lot of replies will be focused on just saying killing is the right thing which is not giving a legal answer more an emotive one,a prosecutor would not be able to obtain justice for the state if the Rapist is dead so they will automatically go for you for murder,the victim however would be avenged though but can you imagine the extra trauma she would go through seeing someone killed in front of her as well as what she has just gone through.

Yes all rapists should be put to death,rather than kill them on the spot put them through the system so it puts other "would be"offenders off.

Answer 15

As a matter of procedure, the case would be brought before a grand jury to consider.

Nearly all cases end up being 'no billed', meaning that there was not sufficient evidence for the shooter to be prosecuted for the incident.

Answer 16

IF, it is done while the rape is accruing. I should hope he gets a metal for possibly saving the woman's life. Example;

Guy raping woman, she is crying for help I come up behind the creep and snap his neck. Woman saved.

Any Officers of the law with me on this?

Answer 17

I think most reasonable juries will let him go or at least the judge would not impose a harsh sentence.

In some cases depending on the income or position in society that the murdered rapist piece of sh!! had , if the killer (hero) is some local joe he might face serious time as the defense will disprove a rape was occurring or try to discredit the hero. The same as when cops like DN4CER kill someone for pulling out a wallet and walk, meanwhile if you kill a corrupt cop there's nothing short of jesus returning from the dead that will save you in court.