This is a quite interesting case, coming to us courtesy of Crime and Federalism:
ARLINGTON, Texas — Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup in the driveway.
Caught in the act with her lover, Tracy Denise Roberson — thinking quickly, if not clearly — cried rape, authorities say. Her husband pulled a gun and killed the other man with a shot to the head.
On Thursday, a grand jury handed up a manslaughter indictment — against the wife, not the husband.
In a case likely to reinforce the state’s reputation for don’t-mess-with-Texas justice, the grand jury declined to charge the husband with murder, the charge on which he was arrested by police.
Seems to me it’s proper the husband isn’t facing charges. I think any of us, given similar circumstances, would have done the same thing. Every state, that I’m aware of, allows for use of deadly force to prevent rape. The standard is whether a reasonable person would believe, given the circumstances, that a rape was taking place.  The actor need not be factually correct on that count.
But man, what a person this guy married. I have to wonder if she, realizing her husband probably carried a firearm, knew what the result was going to be, and thought she could get away with it.
It makes sense to me that she would be charged. I have to believe that she did have a good idea of what would happen, even if she didn’t know he had a gun on him.
It’s absolutely disgusting. She sentenced her lover to death. I feel bad for the husband because I know I’d be torn up if I found I shot an innocent man, even if I didn’t know that at the time. Not to mention finding out about his wife cheating on him.
No question she should be charged.
As to her knowing her hubby carried, I’d wager she decided it would be better for her boyfriend to be shot than her. Just guessing, of course.
It’s about damn time. I am one of the older commenters here, so I feel somewhat more informed as regards histories and mores etc. through the times when some of you weren’t even alive yet.
There have been a Hell of a lot of men sent to prison for “raping the willing” when the “willing” got caught. I can remember when it was so bad, that a man could prove he was in Egypt (you know where) when the rape took place, but if the woman said it was him he went to jail, no matter the strength of his proof of innocence. Yeah, yeah, I know, there are just a whole bunch of you thinking I am around the bend. Maybe, but I tell you true.
I love women, all of them. I always have. I tried to share myself with as many as I could, until I met the one who made me want to be a better man and never betray her. I have not. However, I have known many a bad woman. They used to be the most fun kind. But trust me on this, they all relied on the fact they were women and could get away with blaming a man for all they did. It is a very recent development that we, as a society, have finally granted equality to women in our collective psyches. We are starting to understand that not all of them are “sugar and spice and everything nice”.
The proper person was charged in this case. She knew the outcome if she got caught in her own damn driveway. She just figured there would be two losers and she wouldn’t be either of them. Equality is a bitch, ain’t she?
I do feel sorrow for the husband. He will have to live with the fact he killed a man that may not have even known woman was married. Been there, done that. Tougher and quicker than the husband, so we’re both still alive, but it was a close run thing. Not the only time I found out a “free agent” was actually under contract, but the closest to a killing over it. I hope the woman in the story gets the maximum prison time.
But if forced to bet, I bet she does only the time it took her to arrange bail.