I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
Not the most qualified to answer this question, but I have taken a few law classes.
If my memory serves me correctly, I believe what the man committed by spitting in the woman's face would be battery, which is both a criminal act, and a civil tort.
With it being a misdemeanor offense, he would likely be taken into custody, charged, processed and then released shortly after.
Women generally get the benefit of the doubt in these instances, but she was likely deemed to have acted in self-defence, which isn't punishable as a criminal act.
I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
Not the most qualified to answer this question, but I have taken a few law classes.
If my memory serves me correctly, I believe what the man committed by spitting in the woman's face would be battery, which is both a criminal act, and a civil tort.
With it being a misdemeanor offense, he would likely be taken into custody, charged, processed and then released shortly after.
Women generally get the benefit of the doubt in these instances, but she was likely deemed to have acted in self-defence, which isn't punishable as a criminal act.
Thanks Renton, I had no idea ... so if somebody spat in my face, you're saying I have the green light to swing?
In most cases, you're okay to swing away, but a ton of gray area exists as to what is considered reasonable or not in the eyes of the law.
When a an officer, judge or jury are asked to deem if someone acted in self-defence, they are really asking themselves if a reasonable person would have acted in a similar manner.
That type of gray area, coupled with public pressure, is exactly what we are witnessing in the Trayvon Martin shooting.
Thanks Renton, I had no idea ... so if somebody spat in my face, you're saying I have the green light to swing?
In most cases, you're okay to swing away, but a ton of gray area exists as to what is considered reasonable or not in the eyes of the law.
When a an officer, judge or jury are asked to deem if someone acted in self-defence, they are really asking themselves if a reasonable person would have acted in a similar manner.
That type of gray area, coupled with public pressure, is exactly what we are witnessing in the Trayvon Martin shooting.
For an assault to have taken place, no contact (touching) must have occurred.
Once the man's spit touched the woman, it became a battery.
I see you are from Ontario....are you referring to American law in your response? In Canada, spitting on someone is most definitely a criminal assault.
For an assault to have taken place, no contact (touching) must have occurred.
Once the man's spit touched the woman, it became a battery.
I see you are from Ontario....are you referring to American law in your response? In Canada, spitting on someone is most definitely a criminal assault.
I think I'd rather be punched in the face than spit in my face. It's not only disgusting, but it's degrading. I def think it warrants an arrest...it's unacceptable behavior and the old man deserved an ass kicking
I think I'd rather be punched in the face than spit in my face. It's not only disgusting, but it's degrading. I def think it warrants an arrest...it's unacceptable behavior and the old man deserved an ass kicking
An assault can also happen when someone makes any gesture or action
which makes another person feel a reasonable apprehension of harm. There
does not need to be any touching for this type of assault to occur.
An assault can also happen when someone makes any gesture or action
which makes another person feel a reasonable apprehension of harm. There
does not need to be any touching for this type of assault to occur.
I see you are from Ontario....are you referring to American law in your response? In Canada, spitting on someone is most definitely a criminal assault.
Both countries have legal systems governed by common law. In this case no difference exists.
Spitting in someones face, in the legal sense, would be classified as a battery. When physical touching occurs, it ceases to be an assault.
If the man were to have spit in the woman's direction and missed, he could be charged with assault.
It's stupidly technical, but look it up, it's fact in both countries.
I see you are from Ontario....are you referring to American law in your response? In Canada, spitting on someone is most definitely a criminal assault.
Both countries have legal systems governed by common law. In this case no difference exists.
Spitting in someones face, in the legal sense, would be classified as a battery. When physical touching occurs, it ceases to be an assault.
If the man were to have spit in the woman's direction and missed, he could be charged with assault.
It's stupidly technical, but look it up, it's fact in both countries.
I'm in law school, its considered a simple assault. In Canada anyways.
You would be marked incorrectly.
From Britannica encyclopedia;
Assault & Battery
Related but distinct crimes.
Battery is the unlawful application of physical force to another; assault is an attempt to commit battery or an act that may reasonably cause fear of imminent battery.
Broken down... threatening someone is classified as assault.
Physically harming (or unwanted touching) someone is classified as battery.
I'm in law school, its considered a simple assault. In Canada anyways.
You would be marked incorrectly.
From Britannica encyclopedia;
Assault & Battery
Related but distinct crimes.
Battery is the unlawful application of physical force to another; assault is an attempt to commit battery or an act that may reasonably cause fear of imminent battery.
Broken down... threatening someone is classified as assault.
Physically harming (or unwanted touching) someone is classified as battery.
I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
I was downtown houston yesterday and saw this dirty old man spit in some girl's face. I think she said something to him and he reacted with a quick spit ... facial if you will. Obviously the girl got pissed and started yelling and screaming at the guy. Soon after a fight breaks out between the two. And to be honest with you, this girl was at least 6 ft. tall and on the heavy side andthe old dude was prolly 5ft 3 to 4 inches tall and very skinny. So the girl would of beaten the guy to Hell. But a cop happened to pass by right as the fight began (maybe one or two throws by the girl ... that's it). As I watch the cop break it up, he quickly determines that it is the old man that would go to jail, not the girl. Now I'm thinking, this dude deserves a beating for spitting in her face but he never threw a punch during the altercation. So why is he going to jail? Spitting in ur face considered assault? Just curious.
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