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adlaws12 · Oct 22, 2011, 11:29 PM

I'm 20, boyfriend is 28. He beats me everyday, takes my phone and I have no communication to my family. He has detached my retina and he is on hard drugs. He told me if I leave he will kill me. He has passed me out a few times, raped me and forced me to watch him have sex with another woman. If I defend myself to the highest extent will I go to jail? I'm scared to sleep right now because I have 4 knots in my head and I feel this is the only option but I do not want to lose my kids.

tickle · Oct 23, 2011, 02:15 AM

You have described the worse case of domestic violence I have ever heard. I suggest you report him and then go to a women's shelter with your children. No you won't go to jail for supporting domestic violence, but your only other option is 6 ft. under from what you describe.

Tick

Fr_Chuck · Oct 23, 2011, 07:48 AM

You take your kids and go to the closest women shelter, I am sure from this you have marks, so call the police and report him.

If you kill or serious hurt him, and there was a chance for you just to walk or run away, there is a chance you will go to jail. I will assume you have little money for a defense attorney and things don't always work out nice like TV movies. So just take the kids and run away

kcomissiong · Oct 24, 2011, 12:29 PM

Adlaws, as Fr_Chuck mentioned, its not self defense if you have an avenue of escape. You avenue of escape might not be in the room with him while he is attacking you, it could be while he is working or asleep. I am sorry that this is happening to you, but you have to leave if you want to protect your children and for the violence to stop.

AK lawyer · Oct 24, 2011, 01:06 PM

Originally Posted by adlaws12

I'm 20, boyfriend is 28. He beats me everyday, takes my phone and I have no communication to my family. He has detached my retina and he is on hard drugs. He told me if I leave he will kill me. He has passed me out a few times, raped me and forced me to watch him have sex with another woman. If I defend myself to the highest extent will I go to jail? I'm scared to sleep right now because I have 4 knots in my head and I feel this is the only option but I do not want to lose my kids.

He has committed felonies upon you, including assault and battery, rape, and probably several other things. I don't know whether the authorities may be able to prove this in court, but in the mean time you owe it to not just yourself, but to your children, and to your family, to report him to the police and at the same time have them transport you and your children to a shelter for victims of domestic violence.

As others have indicated, self defense may be available, depending on the circumstances. But it would be best to avoid using self defense and then having a court determine whether it was justified. For example, if you kill or injure him, and are charged with a crime, it would look very bad if it develops that you had the chance to get away. The better course of action, when you have the option, is to flee, if you can.

And you need to clearly understand that self defense is only available if you are in imminent danger. If, in other words, you believe that he may assault you some time in the indefinite future (perhaps in a few days, for example), you have no right to use force upon him now.