• testfactor@lemmy.world
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    1 day ago

    Kelver’s self-defense claims would have to wait for trial. “Of course, that defense is perfectly available in district court,” the judge told prosecutors and Kelver’s lawyer. “And we’ll see where that goes with a different standard of proof.”

    I’ll happily give 4:1 odds to anyone interested that she gets off fine. The judge simply ruled that the evidence as presented wasn’t enough to get the case thrown out.

    It’s Wyoming. You’re not gonna see anyone sent to jail for brandishing during an assault, regardless of their orientation.

    • arrow74@lemmy.zip
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      22 hours ago

      The issue is if a cis person was approached aggressively and assaulted by 3 men before drawing their weapon there would be no trial. No charges would have been filed.

      I’m also confident the case against her will not be successful, but the fact that the case exists at all is an issue

      • testfactor@lemmy.world
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        22 hours ago

        Agreed to an extent. I think if a cis-het male was in her position, they probably would have still been charged. A cis-het female probably wouldn’t have been.

        There’s definitely an element of a “trans women aren’t women” to this, which I agree is problematic.

        And apart from that, the law should be equally applied in these scenarios, and the gender of those in involved shouldn’t weigh in to those decisions.

        • arrow74@lemmy.zip
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          13 hours ago

          Absolutely no way a cis-het male would have been charged.

          It’s 100% legal stand your ground/self defense in Wyoming. The cops absolutely know this, they’re just bigots