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37 Wayne L. Rev. 1969 (1990-1991)
The Use of Deadly Force by Women against Rape in Michigan: Justifiable Homicide

handle is hein.journals/waynlr37 and id is 1981 raw text is: THE USE OF DEADLY FORCE BY WOMEN AGAINST RAPE IN MICHIGAN: JUSTIFIABLE HOMICIDE? I. INTRODUCTION Michigan common law has not yet endorsed a woman's right to use deadly force to repel a rape. In the recent case of People v. Landrum,' the Michigan Supreme Court reversed the Court of Appeals' decision that a trial court in a homicide action, if properly requested, must instruct the jury that a defendant is justified in using deadly force if she reasonably believes it is necessary to repel a sexual assault involving forcible penetration, as well as death or serious bodily harm.2 Although the use of deadly force has always been justifiable when necessary to prevent death or serious bodily harm, Landrum indicates such a privilege may not be invoked solely to prevent rape itself.3 The focus of this Note is the advancement of self-defense allowing an individual the right to repel a sexual assault by use of deadly force. Initially, an overview of the law of self-defense involving deadly force is presented. Next, considerations as to why the traditional rules of self-defense and the use of standard jury instructions might result in prejudicial treatment of women defen- dants are examined. This is followed by an assessment of the magnitude of rape and the subsequent trauma suffered by rape victims. In particular, this Note discusses the applicable Michigan statute and examines the relevant law of other jurisdictions in- cluding the approach taken by the Model Penal Code. Following a critical analysis of the Landrum decision, this Note proceeds to examine the problems inherent in the utilization of force by women in self-defense situations and ultimately declares that rape is of equal magnitude to grievous bodily injury. In conclusion, this Note 1. 434 Mich. 482, 456 N.W.2d 10 (1990). Landrum was decided in consol- idation with People v. Heflin, however, the court also analyzed each case separately. 2. 160 Mich. App. 159, 165-66, 407 N.W.2d 614, 617 (1986), vacated, 430 Mich. 861, 420 N.W.2d 573 (1987), on remand, 171 Mich. App. 148, 429 N.W.2d 818, leave to appeal granted, 431 Mich. 906, 433 N.W.2d 74 (1988), rev'd, 434 Mich. 482, 456 N.W.2d 10 (1990). 3. 434 Mich. at 507-09, 456 N.W.2d at 21-22. 1969

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