Self defense rights question. Video included.

Factual Questions
21

I have watched it several times over, you can’t see what she does, but there is a definite reaction from the bystanders when she leans over behind the guy in the vest. I’m sure what that was will come out eventually, but I’m pretty sure that from the reaction of the crowd, she didn’t give him a kiss on the cheek.

Having worked with a variety of “customer service challenges” like that in my amusement park days, ALOT of women think they can hit a man without fear because “I’m a girl and you don’t hit girls”. As a general rule…no you don’t, but if a woman initiates, prepare to reap the whirlwind.

22

There is no such thing as a “fighting words” defense.

23

The only thing the law says is whether he can be prosecuted or sued.

When it comes to trial, its the lawyer’s job to argue whether the danger she posed was so great that it required him to strike her. If the jury buys it, they can choose not to convict. But that’s up to them.

24

At the moment, it’s just “under investigation”. The fight also seems to have happened Sept. 18th, so a bit of time has passed. Note this also implies ole girl took her licking (like an uh, man?) and kept it moving.

25

According to witnesses, she spit on him.

26

Whoa. In that case, I’m fine if she spit a few incisors afterwards.

27

The law is not fine with that, though.

28

Well plenty of your laws aren’t followed to the letter either :smiley:

Gonna have a hard time convincing a jury to throw the book at him though.

29

To expand on this, “fighting words” do not mean “words which induce people to fight”. They are words which are so offensive that the government may permissibly regulate their use.

Mere words, no matter how offensive, are never a legal justification for battery (other than threats, in limited circumstances).

30

Man, the coolest thing that ever happened when I was on public transportation was the time some kids kicked a window out of an El train.

I don’t really have any info to share on the whole self-defense thing, but I too laughed at the video.

31

+1

Spitting on someone isn’t just a form of assault, its intended to be demeaning and dominant…you are beneath my contempt kind of thing to do. Spitting on someone is pretty much daring them to do something about it. That is asking for a fight…she got one.

32

Howzabout spitting?

33

Spitting, yes. It’s a battery in itself in many jurisdictions.

34

Spitting on someone is not a legal justification for assaulting and battering them.

I have to admit, I’m kind of disturbed by the number of people who seem to be taking pleasure in watching a man brutalize a teenage girl.

35

Spitting on someone is a battery.

36

What video did you watch? I did not see him brutalizing anyone.

37

Not unless the assault is ongoing, and his actions are necessary to get her to terminate her assault.

Given the she had already stopped assaulting him several seconds prior, there no longer appeared to be a clear and present danger; he was not defending himself, he was retaliating, which is assault on his part.

Slim to none. He assaulted her, but she assaulted him first with that spitting stunt. If she dares to press charges against him, he’ll press charges against her; it’s a Mexican standoff in the courtroom, and the only win-win outcome is if they both refuse to press charges.

38

Well, then he clearly should have stabbed or shot her.

You’re my new hero. Do you have any literature about your ways which you could leave in my mailbox?

39

Not much of an uppercut - she got back up and kept running her mouth.

Bus driver’s gonna get fired and wind up in jail.

40

It was a criminal assault and battery on a minor. There is no available defense here that I can see. He was not defending himself. The fact that she spit on him is not sufficient to support to support a claim of self defense.