Rhode Island follows the common-law duty to retreat for self-defense claims involving deadly force in public spaces. Unlike states with Stand Your Ground statutes, Rhode Island requires a person to attempt to retreat through a known safe avenue before using deadly force, when the encounter occurs outside of a dwelling or building covered by the Castle Doctrine.[1]
What the Duty Requires
The duty to retreat does not require a person to flee at all costs. It requires that the person avail themselves of a known, safe avenue of retreat before resorting to deadly force. If no safe retreat is available, or if retreating would expose the person to additional danger, the duty does not apply. The determination of whether a safe avenue of retreat existed is a question of fact for the jury, evaluated based on what the defendant knew or reasonably believed at the time of the encounter.
Non-Deadly Force
The duty to retreat applies specifically to the use of deadly force. A person may use reasonable non-deadly force in self-defense without first retreating. The distinction between deadly and non-deadly force is critical. Deadly force means force that the person knows or should know creates a substantial risk of death or serious bodily harm. Using a firearm is almost always classified as deadly force.
No Stand Your Ground in Rhode Island
Rhode Island has not enacted a Stand Your Ground law. Several states have eliminated the duty to retreat through legislation, permitting individuals to use deadly force anywhere they have a legal right to be without first attempting to flee. Rhode Island has considered but not adopted such legislation.[2] As a result, the duty to retreat remains a requirement for any self-defense claim involving deadly force outside the home or other covered building.
Interaction with the Castle Doctrine
The duty to retreat does not apply inside a building covered by the Castle Doctrine under Section 11-8-8. The two doctrines create a clear geographic divide: inside a dwelling or building, the occupant may stand their ground. Outside, the person must retreat if safely possible before using deadly force. This distinction makes the physical location of the encounter the single most important factor in evaluating a self-defense claim in Rhode Island.