By the o.p.'s description, both assault and battery occurred in this instance. Whether either crime can be considered “simple” (i.e. without intent to harm or bring injury to the victim) or aggravated (with intent to injure, use of a weapon or other implement to effect the crime, or use against a child or with disparity in size and strength) is subject to interpretation, but I believe the scenario as described would meet the criteria for aggravation per statute or common law in most if not all jurisdictions in the United States due to the use of a bladed implement (scissors) and evident damage (forcible removal of a measurable portion of hair). Such charges are known as “wobblers” or “hybrid crimes” in that they are subject to the discretion of the prosecutor and interpretation of the jurists as to whether they are justified by intent and context, and can flip a simple assault or battery misdemeanor to a felony offense. This is especially useful in combination with more serious felonies in that the prosecution may be able to persuade a jury as to the intent of the offender to do harm but not the specifics of the more serious crimes, but can meet the standard for aggravation, and which may allow punishment for other crimes under collateral conviction rules.
I find the circumstance in the o.p. disquieting, in that while I don’t think it is advisable to pursue this with the police, as it will almost certainly result in prosecution of the perpetrator and disruption of the lives of both women, at the same time from a psychological point of view it shows a disturbing lack of restraint and judgement regarding alcohol tolerance, a gross exceedance of personal space, and a potentially pathological controlling personality with jealousy or histrionic aspects. It is easy to just blame this on a few drinks, but in fact, alcohol doesn’t change the core personality of the drinker; it simply suppresses the normal restraint that people exercise in polite society. In Freudian terms, if you believe in that sort of thing, it is the id overtaking the superego.
From the events as recounted, one might speculate that Susan has long been jealous of the attention Jen received due to her hair, and in an archetypical controlling manner unmediated by normal restraint, severed her hair to “punish” Jen and elevate herself. Even though she has offered to make a token effort of restitution, the lack of sincere apology speaks volumes toward either her lack of conscience (borderline sociopathy) or an unwillingness to outwardly accept and atone for her guilt (narcissism), neither of which can be waived away with an excuse of intoxication.
The above, of course, is an armchair (and amateur) analysis based upon one side of the account with no knowledge of exterior context or prior relationship, and shouldn’t be taken as any kind of authoritative diagnosis, but it is important to note that our personalities, at least, insofar as they are involved with the exterior world, are in fact the sum of our impulses, not our intentions. There are plenty of narcissistic and antisocial people who do apparently generous and beneficent acts strictly to satisfy their own self-image. This doesn’t lessen the fact that their impulses can be harmful when unmetered by conscience or acknowledged by sincere repentance. I think in this circumstance a genuinely empathic and socially well-balanced person would be mortified by having committed this act and would proffer a lengthy and self-abasing apology even before offering any kind of fiscal restitution.
I’m sure that many will disagree that this is any kind of serious assault, especially based upon the responses to [thread=316302]this old thread[/thread], on the logic that “it’s just hair,” but nether statue law nor psychology theory support this position.
Stranger