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Can self defence be an excuse for rape?
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Can self defence be an excuse for rape?

what if a man wearing a ski mask and carrying a gun came kidnapped two strangers one a man and one a woman and then force the man to rape the woman under threat of killing them both? Women, would you be angry at the guy who raped you? Men would you perform the act? Would the man who was forced to rape be criminally responsible if he did?
Additional Details
What if it seemed like he(the victim) was enjoying it as he did it, and his thinking was if you can"t avoid it might as well enjoy it.


    




The Past Recedes
Rating
yes you could plead duress(being pressured into it) and as rape is not considered as severe as murder(the consequence would be murder if he did not conform) then I think he would not be punished. If it was me, no I would not 'perform the act'


IRON MAN
Rating
Hmm you should change your avatar to "Devil's Advocate"

It's an interesting question though - what I DO know is that the male, providing this scenario is backed up by the female, will definately not be criminally responsible for the act.


Butch UK
Rating
i can think of nothing he could do to me that would make me rape anybody , i would rather die , i certainly could not live with my self after the act, but i could imagine hacking the tw@t nut off and shoving the gun up his @rse handle first.


Hideous Sun Demon
Who IS this bloke, that can GET a hard on at gunpoint? You're a cracker, mate. Aptly named.


laughter_every_day
Rating
The defense is called "coercion," not self-defense. It is a legit defense to most crimes, but not to murder. Whether the jury would believe it, and believe there were no other options, is another story.


You There
Rating
You're odd.


DragonWarrior
How would he even get it up under that kind of pressure


Mel-am Meru
Seriously, I hope this isn't something you have been thinking about! This is disturbing.
They could find out if you had a link to the person with the gun. They can find out a whole lota stuff. They could find this and see premeditation!
Is this from a novel you're reading?
This is sick


Law Man
Rating
Simon C's answer is the right one in English law.

As a point of interest, the defence of duress is currently being argued by Michael Donovan, Karen Matthews's alleged accomplice in the kidnapping of her daughter Shannon.


Uxorious
What if because of the stress he was not able to rise to the occasion?


sparkles
He might have a chance with insanity plea


evilattorney
Rating
Both men can and will be held criminally liable for rape. This is a first year law school hypothetical.





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