Rape victims aren't braving anything. If they put themselves in a dangerous situation, it's because they're stupid. They're not helping anyone. I mean they could be, but they're usually not. Kyle put himself in a dangerous situation with the express purpose of helping other people.
You should help me by sending me your nudes
is this you
send your nudes to me too
The point is that doing something stupid doesn't make you responsible for the actions of people who take advantage of your poor choices. Human beings have agency, which means each actor is responsible for his actions and his actions alone. Each person's culpability ends where the decision of another begins. Kyle did not make Joseph Rosenbaum threaten to kill him. Kyle did not make Joseph Rosenbaum choose to chase him. Kyle did not make Kaminsky choose to fire his .40 S&W while Rosenbaum was chasing Kyle. Kyle did not make Joseph Rosenbaum choose to continue charging Kyle and reach for his weapon after Kyle stopped running and turned around to face him. The only thing Kyle is responsible for is choosing to aim his rifle at Joseph Rosenbaum and pull the trigger. The legal question is whether his decision was justified by the circumstances known to him at the time or whether it was not.
I don't understand why this point isn't made more often.
The claim that Kyle shouldn't have been there is called "prior restraint" and the courts have routinely upheld that prior restraint is not an element of any crime. You don't have to stop doing legal things just because some dumbass might react to your legal thing by breaking the law.
Kyle was allowed to be at that protest. He is allowed to carry a rifle. He is allowed to go into a crowd to help or not. He is allowed to do everything a free person is allowed to do as long as it does not break the law or directly cause a harm.
The fact that he was attacked for doing things that he is allowed to do has nothing to do with him doing those things allowed and he has no obligation to not do those allowed things.
Technically nobody had a right to be at that protest because of a curfew order. However, since Joseph Rosenbaum, Anthony Huber, and Gauge Grosskreutz were also illegally there things sort of "cancel out."
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