Note 610 — 2. RAPE.

The law of England justifies a woman killing one who attempts to ravish her. Bac. Elem. p. 34. 1 Hawk. P.C. c. 38. s. 21. and so too the husband or father (query also a brother or guardian, in loco parentis) may justify killing a man who attempts a rape upon his wife or daughter; but not if he takes them in adultery by consent, for the one is forcible and felonious, but not the other. 1 Hales P.C. 485. (yet this homicide may be excusable though not justifiable. See 1 Hawk. P. C. c. 28. s. 3.) And there seems no doubt but the forcibly attempting a crime of a still more detestable nature, may be equally resisted by the death of the unnatural aggressor. For the one uniform principle that runs through our own, and all other laws, seems to be this; that where a crime, in itself capital, is endeavoured to be committed by force, it is lawful to repel that force by the death of the party attempting. Bl. Comm. c. 14.