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I have a legal question in regards to rape and brain damage?
lets say there was a gentleman who raped a girl so hard in her ear that her brains literally got *explicit* out to the point of brain damage, and that the brain damage was so severe that the girl had to be on life support for the rest of her life, if the family were to pull the plug resulting in her death would the rapist be charged with murder or malicious sexual assault with the intent to zombify?
4 Answers
- 9 years agoFavorite Answer
That would be murder. It's different from the example the person above uses, where someone commits suicide, because removing life support does not actually introduce a new cause of death.
Now if the family didn't 'pull the plug', but actually took some positive step to kill her while she's lying in hospital, that would be different. But in the scenario you describe, the cause of death is clearly the brain damage resulting from the rape.
Provided it can be shown that the gentleman intended to cause either death or grievous harm, he would be guilty of murder. Failing that, it may be constructive murder (called 'felony murder' in some places) because he killed her while committing another crime, namely rape. And beyond that, there's no difficulty proving manslaughter.
- 9 years ago
Depending on the state, it could be felony murder. Forcible rape can be the basis for a felony murder charge if it leads to the victim's death.
- Anonymous9 years ago
boy that would be a serious crime wouldn't it O.O
Here is a breakdown, think of it like this
If make fun of my classmate and they go home and kill them self, would i get charged with murder? technically, no... but i would have a guilty conscience and sleep deprivation for my whole life.....
So to answer your question they would not get charged with "murder"
Assault, malicious sexual harassment, RAPE: oh yeah, BIG TIME punishment.
That's awful that you would think that lol ;)
But it would probably be a punishment pretty dang similar to one of murder!
Source(s): Constitutional felonies and misdemeanors..