Legal Question in Criminal Law in Illinois
Second Party Self Defense
This question is research for a book I'm writing, I'll give proper parties credit.
If a woman is being raped and a witness stops the rape by shooting the attacker, the attacker later dies, what is it likely the shooter will be charged with? (i.e. manslaughter?, etc.)
Further, what is the likelihood of the charge being dropped or talked down to community service/parole time with no prison sentence?
Thank you
1 Answer from Attorneys
Re: Second Party Self Defense
The law allows the use of deadly force not only in self defense, but also in defense of others. In the scenario you paint there is a strong likelihood that the defender of the victim would not face criminal charges to begin with, or if he did a good probability of a not guilty based upon an affirmative defense.
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