Quote from: Jamie D on July 07, 2012, 01:44:20 AM
The original post presents an interesting hypothetical.
I think was all agree that the action of the "guy" was a form of assault - both verbal and physical.
I think we would all agree that "self defense" is a fundamental human right.
But I believe the reaction should be proportional to the provocation.
Suppose the OP was armed with a legal, concealed hangun. Would she have been justified in wounding her assailant, or shooting him dead?
Or suppose the OP was a martial arts expert. Would a deadly blow to the solar plexus be justified? Or perhaps dislocating the assailant's arm, or breaking a bone?
What about using sufficient force to make a citizen's arrest?
Or enough force to immediately stop the assault?
Something to ponder.
Too bad the incident wasn't caught on camera and posted to YouTube.
That's the key phrase. "Enough force to stop the attack." If the force needed is a punch to the face, that's it. If the bra-snapper continued, then potentially a more violent (or even lethal) response would be warranted.
One thing the law looks at is "disparity of strength." A 90yo woman would be allowed to use a gun against a 200lbs young man...But a 200lbs young man would not be allowed to use it against a 14yo boy who tries to rob him bare-handed.
In this case, a punch to the face stopped it. But, what if it hadn't? What if the guy suddenly pulled a knife on her? Or a gun? Or doubled up his fists, and aggressively moved towards her?
Lot of "what-ifs" there. But, as long as the response is proportional to the threat, the law won't be a problem (unless one lives in an ultra-liberal place that says it's better to die rather than fight)