If a person is breaks into your home, he is going to rape you, what is considered excessive force for self defense?

Asked over 1 year ago - Durham, NC

Would taser gun, or ax be excessive force for defense from being raped?

Attorney answers (4)

  1. Jeremy Allen Cotten

    Contributor Level 7

    8

    Lawyers agree

    Answered . No, it would not be excessive force.

  2. Sarah Jessica Farber

    Contributor Level 14

    4

    Lawyers agree

    Answered . This is a hard hypothetical question to answer because if you are using self-defense, you either don't get charged with anything or you get charged but the jury doesn't convict you. As a result, there aren't a lot of court opinions that actually say how much force is reasonable, because no one appeals those cases.

    That said, if you are facing rape, you could probably safely use a taser, a gun, or an ax to defend yourself. I sincerely hope you never need to use this information personally!

    This information is for educational purposes only and is not intended to form a client/lawyer relationship. I... more
  3. Dustin R. T. Sullivan

    Contributor Level 14

    3

    Lawyers agree

    Answered . For your sake I hope this is just a terrible hypothetical. That being said, if you had a gun, shoot him; baseball bat, swing away. Governor Perdue helped to finally give much more power to te homeowner in the use of force if someone broke into your house.

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
  4. Richard Timothy Jones

    Contributor Level 17

    4

    Lawyers agree

    Answered . In most states you are allowed whatever force is necessary to prevent a felony. A taser is certainly not excessive. An axe might be if you kept striking someone once they fled or were down on the ground.
    www.austincriminaldefenseattorney.com
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    My answers are intended only as general legal advice and are not intended to create an attorney-client... more

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