It will not prevent the crime from having occurred if it is already over.
This part is true, but it
WILL prevent a future rape from occurring if you stop the rapist from getting away. In this case, the point was moot b/c the guy wasn't a rapist--but the husband didn't know that.
All of this is, of course, assuming you can think in a level-headed fashion after witnessing what you believe is the rape and attempted kidnapping of your wife. I imagine adrenaline & emotions would be high, and a lot of people would probably shoot on that basis alone. I think most people would believe they're justified either way in this situation.
Am I the only one here who would not shoot someone in the back who is trying to run away?
This is where I take issue with people who say they would never shoot a fleeing criminal. I understand their point that the
immediate threat may be over, but
future threats are not. The person has proven themselves to be a violent criminal, and they know where you live and what your wife looks like.
If we change the scenario & the guy had mugged you or your wife & stolen your wallet and car keys, sure all those items are replaceable, but the information inside leads him to your house, lets him into your house/car, maybe contains pictures of your wife/kids, your SSN, your DL#, etc. So my view is that the potential for
future crimes is very high, despite the
immediate threat of danger being over when he flees. Normally, I disagree with treating people as potential criminals (as gun owners are treated), but in this case the person is a
PROVEN violent criminal. Also, presumably if you're mugged/robbed/raped/whatever, your life was in danger during the process, which would warrant use of force to defend it. It is a valid concern to fear for your life at a later date if you let the person get away. They've already proven they can & will get to you and harm you, so how can you be certain they won't do it again? They gave up their rights when they committed a violent crime, IMO.
The issue of legal defense is true, but it's a testament to problems with our legal system that we need to change.
Just my $.02