Should The Rescuer Become The Victims?

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If we consider the legal convictions of the community and boni mores (good morals), it is clear that most people will try to rescue another in a dangerous situation, even though that person is unrelated and in no other protective relationship with the person in danger; furthermore, what happens when in the process of saving someone more harm than good is done and medical expenses gets thrown in, and more importantly, what about cases where the ‘rescuer’ becomes the ‘victim’? We need to consider whether it would be fair to, through law, force someone to save another even if it can endanger the ‘rescuer’s’ life, for example in KwaZulu-Natal, a 15-year-old teenage boy died trying to save a teenage girl from drowning in Umkomaas on Friday the …show more content…

Or where a toddler is drowning in a fast flowing river? There are two answers: 1) Step in and hope you don’t cause further injury—consequently you risk getting sued if you do help, or the victim dies. 2) You ‘Google’ the laws of wherever you are and consider the possible legal ramifications of helping or not helping. In 1964 a woman named Catherine "Kitty" Genovese, an American, was stalked and repeatedly stabbed by an assailant in a middle-class New York City neighbourhood. Although thirty-eight neighbours either heard or saw Genovese being attacked, no one came to her aid or even called the police until thirty-five minutes after the attack, by which time Genovese was dead. Because of this, the “Good Samaritan” laws were enacted in all 50 states in America, in conclusion, there’s still no criminal liability for failure to act/rescue. In a multiple-witness scenario, a duty-to-rescue may hinder police efforts to apprehend criminals. For instance, the witnesses might have feared that they themselves would be prosecuted for not reporting or stopping the crime when it occurred. ‘The bystander effect’ is the somewhat controversial name given in cases where individuals do not offer help in an emergency situation when other people are present, however, no criminal liability is attached to this type of

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