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NCJ Number: 137170 Find in a Library
Title: Use of Deadly Force by Women Against Rape in Michigan: Justifiable Homicide?
Journal: Wayne Law Review  Volume:37  Issue:4  Dated:(Summer 1991)  Pages:1969-1987
Author(s): C R Essique
Date Published: 1991
Page Count: 19
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Michigan common law does not endorse a woman's right to use deadly force to repel rape, but this legal note supports giving an individual the right to deadly force in self-defense to deter sexual assault.
Abstract: Following an overview of the law of self-defense involving deadly force, consideration is given to why the traditional rules of self-defense and the use of standard jury instructions might result in prejudicial treatment of female defendants. The magnitude of rape and subsequent trauma suffered by rape victims are assessed, particularly applicable Michigan law and relevant law of other jurisdictions. Problems inherent in the use of force by women in self-defense situations are examined. Because rape is viewed as a unique crime in that victimization does not stop with the termination of the act, the author contends that women should be justified in using deadly force to resist rapists. Since the traumatic psychological effects and attendant physical repercussions endure long after the completion of the act, rape is equal in magnitude to grievous bodily injury. Michigan should recognize the right to use deadly force to repel sexual assault because the physical integrity, emotional health, and psychological well-being of innocent victims should be protected, even at the expense of the life of the unlawful aggressor who threatens rape. 105 footnotes
Main Term(s): Rape; Self defense
Index Term(s): Assault with a deadly weapon; Female victims; Michigan; Sexual assault victims; State laws
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