If someone was attempting to rape me, and there was a gun next to me would I be allowed to shoot the person?

Question

Like if someone was trying to rape me and there was a gun next to me and I shot the guy and he died.
Would I be in trouble?
Or would that be self-defense?
I am a minor-only 14, if that helps at all.

I want to know this if something happens in the future.

Answer 1

It doesn't matter if you are a 14 year old or a 34 year old...the answer is yes you are within your right to shoot this person.
If you are anticipating this could happen because of someone you know. You should act now to prevent it getting to such a situation. Tell someone you trust.

Answer 2

Yes, you can defend yourself. However depending on your local or state laws from which you reside. There could be severe penalties if you even so pick up a gun. It would not matter for the reason; they can charge you for possession of a firearm. Even if the gun belonged to your dad, they could charge you with having it. Some gun laws require it to be locked up away from minors, and to have child safety locks installed on them.
Yes, any type of a shooting will get a crime scene detectives to determine why who what when where how questions asked about why you had such of a gun next to you in the first place. Unless it was the criminal’s weapon, they then want to know how you got the weapon from him then.
Some states, you can only kill the criminal with the same type of lethal force. So if he had a knife and you shot him with a gun. You could see some jail time for that. I know that might not seem fair, and it really it isn’t. But some states will have such stupid laws.
But later on, the family of the person who you did shot can sue you for a lot of money as well.
Best bet is to get away from the attacker, and to call the police. Run to your neighbor’s house or a friend’s house, and to call the police from there.

But then again, just shoot the attacker. I am using the word attacker because rape can happen even with the same sex.

Answer 3

Yes you have a right to self defense. Just make sure you tell the police he threatened to kill you. That would justify lethal force.

There is a defense attorney in my reserve unit and he lost a case in Washington State where a 16 year old boy was defending himself from rape.

The court ruled that there was no fear of the rapist killing him, just raping him. (This was about 8 years ago). The court ruled that a female had the right to use lethat force to prevent rape but a male did not.

The point is that you never know what craziness will come up in court but better to be judged by twelve than carried by six. If the boy had said that the rapist had threatened to rape and kill him then he would have been justified in lethal force in his defense.

Answer 4

Self defense. But in some dorky towns and cities, you would probably be arrested for having a firearm in your possession, or owning too many bullets, or some other such bleeding heart anti-gun law. Probably against the law for a minor to have access to a firearm in some cities, so your parents would probably also be arrested for letting you near the weapon.
And then of course the dirt-bag and his relatives would try to sue you and your parents, and some dirt-bag lawyer would take the case.

Answer 5

Self defense

Answer 6

It should be considered self defense. Should the situation ever come up, I recommend defending yourself first, and worrying about the law later. You only need 1 of the 12 people on the jury to agree with me and believe your account of what happened.

Answer 7

Its legal, but why are you thinking you might get raped and what are the odds that a gun in just "next to you". You have the right to defend yourself, thats they truth, but any shooting will be investigated and my first question would be how did the gun just happen to be next to you?

Answer 8

If its objectively reasonable to shoot him in defense of your own life it would be a justified homicide.

In other words...If a normal/reasonable person in the same situation would have shot the attacker then it is justified.

That's how it is most places. It doesn't mean you wouldn't get sued, but I highly doubt you'd be criminally prosecuted. People can sue for anything today.

Answer 9

This is justifiable homicide. Every person in the U.S. has a right to defend themselves. I hope to God that you are never faced with this scenario in real life; but if you are I hope that you WILL have a gun or other weapon handy and will be able to use it effectively to defend yourself.

Answer 10

You would be allowed to shoot the person, and you wouldn't get in trouble.
It's self defense.