this post was submitted on 01 Jul 2024
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[–] [email protected] 4 points 4 months ago* (last edited 4 months ago) (2 children)

IF she threw the liquid at him, and he punched her in retaliation, who's actually in the wrong, legal-wise?

Edit: From the downvotes it seems people think I'm defending the guy. I was not, this was an actual question.

[–] [email protected] 15 points 4 months ago (2 children)

Him. Provocation is usually a mitigating factor, but not a complete defense, and it's not like she just randomly threw a drink at him, there was an argument leading to it.

Even when it would be a defense it certainly wouldn't excuse him in this circumstance.

https://en.m.wikipedia.org/wiki/Provocation_(law)

[–] [email protected] 2 points 4 months ago* (last edited 4 months ago) (1 children)

Thanks, that's the first I've heard of this legal concept.

It may be ... sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. ... In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example

Though in this case, doesn't throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?

[–] [email protected] -1 points 4 months ago (1 children)

If he hadn't assaulted her he might have been able to make her pay his dry cleaning bill.

You can stop pretending to be a JAQing off American, btw. You outed yourself to all the native speakers.

[–] [email protected] 1 points 4 months ago (1 children)

I live in Norway, who's pretending? Not my fault if you make assumptions.

If he hadn’t assaulted her he might have been able to make her pay his dry cleaning bill.

Yes? I don't quite get the hostility. I'm curious about the legalities, nothing more.

[–] [email protected] -1 points 4 months ago (1 children)

Here's a hint: stop editorializing when you're JAQing it. Makes it a little obvious.

[–] [email protected] 2 points 4 months ago

I honestly have no idea what you're trying to say. I appreciated your 1st explanation. The rest, IDK what's up with it.

[–] [email protected] -4 points 4 months ago* (last edited 4 months ago) (1 children)

So he should have done nothing then..? You're all insane here, demanding equal rights then complaining when they're exercised.

The type of person misandrists love:

[–] [email protected] 3 points 4 months ago (2 children)

If someone was advancing on him after that it likely could be legally considered self-defense. But it sounds like he was pushing past people to go attack her. That's not self-defense, that's revenge.

[–] [email protected] 0 points 4 months ago

Unlike crossing state lines to get a gun

[–] [email protected] 0 points 4 months ago

Yeah, it wouldn't be self defense since he wasn't in any danger. Possibly provocation as the other commentor pointed out.