So, you are walking down the street and some stalker walks up and grabs you in your privates. You resist and you hit the guy in the face. He pulls a legal gun and shoots you. Today there is a very good chance he will get away with it.
Not under the language of the "stand your ground" statute as I understand it.
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony. Section 776.013(3), Florida Statutes.I would argue grabbing someone else's privates without their consent constitutes an unlawful activity, rendering the stand-your-ground defense inapplicable.
The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other. Section 784.03(1)(a)1., Florida Statutes.Granted, without living witness, how can the state prove that the shooter committed the initial battery? Under the prosecutorial immunity provision of Section 776.032, the police can't even question the shooter once he claims self defense unless they have probable cause that shows otherwise. This is the statute that demands revision in my opinion. Under centuries of common law, the burden was on the defendant to prove self-defense based on a preponderance of the evidence. Now, the state must prove
lack of self-defense beyond a reasonable doubt. This burden is nearly impossible to meet without a living witness to testify.