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Hitting or killing someone is against the law, always, regardless of the situation. In some cases it is 'excused' by the concept of self-defense. Self defense is not a right. In certain situations it may be permissible by law.

The standard used is would a reasonable person have felt threatened in that situation. Even the location and environment can be used by a jury to determine what is reasonable.

There are no "hard true" facts about allowing self defense. If you face a legitimate threat then you can defend yourself. There are many legal variables which may preclude your right to defend yourself. The "right to defend yourself" does not mean you can beat the snot out of anyone who makes a threatening gesture or "hits you first". Claims to self defense are only viable when the self defense is in proportion with the "perceived threat".

There is legally no distinction between a man or a woman. The sex of the involved parties does not affect the legality of "self defense". What does affect self defense claims is somewhat common sense; is this person armed, is this person bigger than I am, is my life or well-being threatened by this person's actions?

However, if you can prove you felt your life or the life of someone else was in imminent danger, at least in my state, you are allowed to use deadly force, even if that force is greater than what the other person used. So, if a man attacks me with a knife, if I have a gun, I can shoot him. If a woman rushes at me with a knife and tries to stab me, I would be within my rights to use Kung Fu to help her continue on her path even if she fell on said knife. If someone tries to rob me and says they have a weapon, I am allowed to use whatever means necessary to eliminate the threat.

There are many things which would deny someone the excuse of self defense; aggravating or harassing the subject, implications of threat, being a known gang member, certain types of clothing, trespassing, loitering, stalking, denial of constitutional freedoms, violation of a public order, having illegal drugs in your possession or being under the influence of drugs or alcohol.

It's more complicated a subject than "knife vs. gun". Laws prohibit certain activities, hence, it is easier to explain to someone what self defense "is not" than explain every possible permissible situation that could arise.

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Wiki User

14y ago
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14y ago

This is a gray area at best. Under most US law, it is legal to use physical force only to defend yourself or another only when the person being defended cannot escape. Hypothetically speaking, if David and his fiance, Debbi, are at a restaurant and are approached by another patron who has an attraction for Debbi, who exhibits that attraction in an aggressive but not physical way, David in her defense has two options: leave or seek assistance from a higher authority (the establishment's management or law enforcement). Say David and Debbi decide to leave, and the other patron follows them to the parking lot, David still has only two options: that is to continue to attempt to leave; or call law enforcement. If the patron were to grab Debbi and attempt to prevent them from leaving, Debbi certainly has the right to meet his actions with an equal amount of force to gain escape, David may have the right to assist, but is also limited by an equal amount of force (if no weapon is introduced by the attacker, no weapon can be used by David--although some municipalities permit women to use some form of defense device, mace, pepper spray, etc. to use in their defense, and most law enforcement will not pursue charges in an event such as described here).

Here's the hitch: say David follows the letter of the law and attempts to physically intervene. That during the physical contact the patron stumbles, falls, and becomes injured or dies. David could be held criminally responsible for the injuries or death. Debbi would not likely be charged criminally.

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10y ago

It depends on the situation. If it is done in self defense then it is not illegal for a man to stop his abuser if it happens to be female.

Otherwise striking another person is against the law regardless of their gender. Criminal law is not gender based in the Western World.

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13y ago

Yes, she can. Because that is an aggression against other person, at least the woman was able to prove that the man was a thief, violator or that he was hitting or killing her, or at least trying to.

That is an act of self-defense, but if she attacked the guy just for attack him, she would be in serious trouble, even worst if the guy turns out to dying in the hospital or before to get there.

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11y ago

Specifically no. It is illegal to hit anyone, male or female, without due cause.

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13y ago

No, it is definitely not legal to hit a woman and it is not morally right to hit anyone.

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13y ago

No, that is assault, regardless of the perpetrators gender.

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cruchr

Lvl 2
1y ago

Yes, if in self. But not legal to throw the first punch if your a male.

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Anonymous

Lvl 1
3y ago

If someone strikes you, you must strike them and remove yourself from their immediate position. A minimum of six feet is legal means of avoiding an attacker. Do this every time the attacker persons the attack on you. Use equal or less force if you can, use enough force to stop the attacker if you must. I'm 6'6" and I weigh 240lbs. I would use these techniques against any attacker, if needed. It doesn't matter who attacks me, I would use appropriate force to end the situation immediately. The fact is no one has legal right to physically attack you. If they do, follow the above protocols. No viable excuses for attacking someone exist. Do not, however, use the protocols to find an excuse to beat someone silly, or worse. "Walking away" no longer exists in this world, permiated with internet entertainment that victimized people in video and forum. A woman so emboldened with the idea that a man is nothing more than a moving has found herself waking up in some ICU all too often. Some women never woke up. When I was much you get, and more impetuous, A woman at a bar thought it would be funny to punch me in the face. My reaction was immediate. I turned back, thrust a straight arm past her cheek, and knocked out her grinning boyfriend, then glared at her. Her expression changed from aggression to fear as my arm hung next to her head. The meaning clear, "you're next", caused her to leave the bar, and her boyfriend behind. Since I'd known him since childhood, our next meeting,25 years ago was mature and amicable. I apologized for the incident, which he quickly dismissed. He said none of that was my fault. He, in fact, relayed to me the story of how this same woman struck another some years after, and ended up permanently disabled from the beating that particular animal layed upon her.

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Anonymous

Lvl 1
3y ago
Perches not persons. Sorry about that.
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Anonymous

Lvl 1
3y ago
Okay, the word is supposed to be pursued. Again, sorry. Big fingers, little letters.

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Q: Is there a law stating that a man can not hit a woman?
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