04-03-2007, 09:58 PM
Quote:http://www.cnn.com/2007/LAW/03/30/texas.ma...r.ap/index.html
This story has been all over several forums I frequent and was curious about the Lounge's feelings about it.
Cliff Notes: Husband comes home, sees wife and another guy fooling around in a truck, wife cries rape falsely, and husband kills fleeing lover.
I think it's "fairly" obvious that the wife should be charged since she intentionally created a false situation which led to the death of an innocent man, but I am mildly startled by the number of people happy that the husband got off with no penalties. The husband discharged a firearm in a residential area, endangering the residents of their neighborhood and his own wife, and couldn't be bothered to take the instant required to assess the situation before he started blasting away. I understand that legally an individual's emotional and mental state can lead to diminished responsibility (obviously if you think your wife is being raped, you're certainly in a heightened emotional state), but it just seems as though this ruling comes much, much to close to promoting the ideology of "shoot first, ask questions later."
I am a proponent of the right to bear arms but I strongly feel that with the right to own and use a gun for self-defense and protection comes the responsibility to use the weapon like you're not an 8-year old. If the alleged rapist gets out of the truck and charges you with a knife, by all means defend yourself. If the alleged rapist tries to flee the scene in his truck try to get a clear look at his face, get the license plate/make/model, make sure your wife is okay, and call the police for #$%&s sake.
legally the husband could have also been charged with manslaughter because his use of lethal force occured after the threat to his wife had abated. the man was fleeing and was no longer a possible danger. like others have said, however, the chances of a jury actually convicting him is a long shot and would end up costing the local county a pretty penny. The main reason that the wife was actually charged was because of the good police work done when the cops were able to dig up the text messages that incriminate her. if it weren't for that nicely done investigating she wouldn't have been charged and the poor sap that got shot would also be remembered as a rapist.