The shifting fight does not degrade into mutual combat, because of the timing from George’s first demand on Biff to not harm Lorraine to the final punch. Lorraine’s action of jumping upon Biff and hitting him would also be in the defense of others defense, because Lorraine was attempting to rescue her rescuer. The situation slightly shifts from defense of Lorraine to self-defense as Biff started twisting George’s arm around his back. The physical altercation between Biff and George was immediately after George told Biff to “leave her alone.” While Biff did tower over George, it was George who threw the first punch. George could reasonably believe that Lorraine was in danger based on what he witnessed and Lorraine specifically requesting help. George witnessed Biff engaged in the act of committing sexual battery on Lorraine. To prove George acted in the defense of Lorraine, George must prove that he 1) reasonably believed that Lorraine was in imminent danger of being touched unlawfully 2) George reasonably believed that the immediate use of force was necessary to defend against that danger and 3) George only used the amount of force that was reasonably necessary to protect Lorraine and himself. 1986), a man who thought a woman was being raped in a car was entitled to argue he acted in defense of others for drawing a gun on the possible rapist to allow the woman to get away. For example, in the 1986 case of People v. The jury instructions and case law do not require a family relationship. The Code states:Īny necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one’s family, or of a ward, servant, master, or guest.Īs a preliminary matter, would the defense of others apply to George and Lorraine? Yes, even though they were only classmates and not yet married in 1955. The “defense of others” defense is part of the concept of self-defense, which dates back to 1872 and the passage of California Civil Code § 50. If George McFly was either prosecuted or sued for being the aggressor in the attack on Biff Tannen, his attorney would effectively be able to argue George acted in the defense of Lorraine Baines. There are no hue and cry laws in the United States compelling anyone to take action when a crime is in progress. The law does not require anyone to rescue another. The Power of Love (And the Defense of Others) Lorraine did not consent to the touching, as evidence from her physically resisting Biff and asking George for help and Lorraine was harmed by Biff, again evidence by the struggle in the car.Īll of these facts show Biff Tannen was engaged in criminal conduct causing actual harm Lorraine Baines. Biff had his hand up Lorraine’s skirt to engage in inappropriate touching. The facts clearly show Biff was caught committing sexual battery on Lorraine. California Jury Instructions 1306 Sexual Battery–Essential Factual Elements. A Court would find under California law that 1) Biff intended to cause a harmful contact with Lorraine’s body that resulted in sexually offensive contact 2) that Lorraine did not consent to the touching and 3) that Lorraine was harmed by Biff’s conduct. George interrupted Biff’s sexual battery of Lorraine (if not outright attempted rape). George McFly has an extremely powerful legal defense against Biff Tannen: George saved Lorraine Baines from Biff committing sexual battery on her. Moreover, Biff should be tried as an adult and go to prison. Was George McFly in the legal right to knock out Biff Tannen? Could Biff press charges because George was the aggressor for throwing a punch at Biff? Did George violate California Penal Code section 242 by committing battery on Biff? George represented the quintessential wimp who found his backbone against his tormentor when the girl of his destiny was in danger.ĭeLoreans and gigawatts aside, it is time to go where Doc Brown never traveled to: inside a c ourtroom at the Courthouse. George McFly knocking out Biff Tannen during the rescue of Lorraine Baines is one of the most memorable scenes in Back to the Future.
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