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Issue Position: In Response to a Trial Judge Making the Defender of a Woman Pay Her Attacker

Issue Position

Location: Unknown

Under the majority's new standard, Arkansas becomes the only jurisdiction in the United States where a man defending a woman from her husband is liable for damages sustained by the husband when he is prevented from completing his attack upon the woman. It is unacceptable, and until today, it was not the law.

Tygart v. Kohler, 82 Ark. App. 380, 109 S.W.3d 147 (2003) (Baker, J. dissenting)(majority held that trial judge's comments indicating that, because defender was involved with victim's ex-wife, he should expect problems and that a reasonable man in defender's situation should expect that he and the woman would be hunted might have been ill-advised, but however inappropriate some of judge's comments were, they did not dictate or result in a misapplication of the law regarding self-defense).

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