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"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault? where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days" It may seem strange to you but common assault can be defined as "causing the perception of danger"...simply put he frightened her and she felt threatened. Overreaction? Possibly to you and I but it doesn't alter the fact of how she felt: ergo...common assault. | |||
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" One cannot really appreciate how that woman felt unless one were in her shoes at that moment in time. IMHO. " Its because I was in her shoes that set her off in the first place... | |||
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" She was right to report it. If he's done nothing then he won't suffer for it." Almost Granny... I was in a big, busy. supermarket one Saturday... A little girl (about 3) was clearly lost and sobbing her heart out... Noone went near her... I picked her up and walked slowly towards customer services to have an announcement made... The resulting debacle between a terrified mother and security could have gone either of two ways... I was lucky not to end up on a register... Will it stop me doing it again? Hell no...!! But this is a strange world we live in... | |||
"It's a pretty pointless exercise analysing something we didn't witness first hand with each poster saying - maybe he meant this maybe he meant that maybe she did this when she should have done that. She was right to report it. If he had raped, maimed or killed someone later that night everyone of us would say , 'Why didn't that woman report him?' I am the type that will talk to strangers but I don't want touching intimately by anyone I haven't welcomed 'in'. To those who call it paranoia , I take it your advice to your children is...... 'If a stranger talks, or touches you - just ignore it. It's friendly and you'd be wrong to object. Don't look for the help of the police or any kind of safety' Just learn to put up with it. She was right to report it. If he's done nothing then he won't suffer for it." They say that most sex offenders begin with more minor offences like flashing before they escalate to active and violent behaviour. So she did the right thing. Factor in the surprisingly high number of people who have been sexually assaulted or abused and you have no idea if this woman has been a victim of more violent crime before. Indecent exposure is only an offence if the victim felt offended/threatened by it. I have reported two cases to the police which disturbed me more by the fact of not knowing who the next victim would be then by actually seeing some pathetic exhibitionist with his knob out in a public place! I have some friends who would be very disturbed and affected by seeing a flasher or by having a man invading their body and telling them something intimate. It would bring back deeply traumatic memories and damage hard won self esteem and confidence. She did the right thing. | |||
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"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault? where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days It may seem strange to you but common assault can be defined as "causing the perception of danger"...simply put he frightened her and she felt threatened. Overreaction? Possibly to you and I but it doesn't alter the fact of how she felt: ergo...common assault. " So in theory, knowingly leaving an upen tub of mushrooms next to food belonging to someone who is fatally allergic to mushrooms could fall under "causing the perception of danger", ergo "Common Assault" ? | |||
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"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault? where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days It may seem strange to you but common assault can be defined as "causing the perception of danger"...simply put he frightened her and she felt threatened. Overreaction? Possibly to you and I but it doesn't alter the fact of how she felt: ergo...common assault. So in theory, knowingly leaving an upen tub of mushrooms next to food belonging to someone who is fatally allergic to mushrooms could fall under "causing the perception of danger", ergo "Common Assault" ?" As I stated in my above post, in legal terms it is not perception of danger but if the victim felt threatened/offended/distressed by something that tips it over from an anecdote (I saw a couple going at it like eveready bunnies in the park yesterday) to an offence (I was with the kids and my granny and we saw two perverts doing sexual acts in the park yesterday! It really upset the kids and I felt sick and can't get the filthy image out of my head). The fact that in legal terms its called an offence is not a coincidence. | |||
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"Why pick her up and walk away with her ? Risky for you. You could have alerted store officials or stood with her and asked someone else to get you security or followed her till she found her mum or her mum found her or taken her by the hand to the till or asked someone to walk with you to the till while you did it. I think your act was kind but you put yourself at risk. You assume no one was aware of her and did what decent people do. " Youre quite right Granny... There are many alternatives I could have chosen... My first thought was to calm the child by picking her up and talking reassuringly to her... She calmed down immediately... Secondly I walked slowly so that a frantic mother could easilly see and catch up with me... My point is that it is a curious world we live in where I have to risk assess a normal reaction to wish to help a sobbing toddler and a frantic mother... | |||
"Why pick her up and walk away with her ? Risky for you. You could have alerted store officials or stood with her and asked someone else to get you security or followed her till she found her mum or her mum found her or taken her by the hand to the till or asked someone to walk with you to the till while you did it. I think your act was kind but you put yourself at risk. You assume no one was aware of her and did what decent people do. Youre quite right Granny... There are many alternatives I could have chosen... My first thought was to calm the child by picking her up and talking reassuringly to her... She calmed down immediately... Secondly I walked slowly so that a frantic mother could easilly see and catch up with me... My point is that it is a curious world we live in where I have to risk assess a normal reaction to wish to help a sobbing toddler and a frantic mother..." it is a very curious world i would have done exactly as u have and have to say have done many a time being a woman it seems more acceptable by society but these days only mildly. i agree as now as appose to teachers being able to comfort children they r no longer allowed to hug a child that is upset even though we send our children to school at four most get upset at some point and we accept the teacher to look after them. the law has decided this is inapproriate so yes i think world has gone crazy. adults more worried with covering there arse x | |||
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"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault? where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days It may seem strange to you but common assault can be defined as "causing the perception of danger"...simply put he frightened her and she felt threatened. Overreaction? Possibly to you and I but it doesn't alter the fact of how she felt: ergo...common assault. So in theory, knowingly leaving an upen tub of mushrooms next to food belonging to someone who is fatally allergic to mushrooms could fall under "causing the perception of danger", ergo "Common Assault" ?" only sporadically. | |||
" She was right to report it. If he's done nothing then he won't suffer for it. Almost Granny... I was in a big, busy. supermarket one Saturday... A little girl (about 3) was clearly lost and sobbing her heart out... Noone went near her... I picked her up and walked slowly towards customer services to have an announcement made... The resulting debacle between a terrified mother and security could have gone either of two ways... I was lucky not to end up on a register... Will it stop me doing it again? Hell no...!! But this is a strange world we live in..." Not being funny here, but, you maybe felt you were doing 'the right thing' at the time, but tbh, my two boys wander away from me all the time in the supermarket, (separate directions, one towards the toys and the other towards the sweeties, so its hard to cgjase after the two of them) and if i turned into an aisle and saw one of them in a strange guys arms, that guy would get decked first and questions asked later! | |||
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"It would be interesting to know in what context he said it, and if he was following some wierd notion of romance instilled in him by the adverts for Impulse - which is what it sounds like he was acting under. " Didn't think of impulse....see...these adverts are a curse | |||
"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault? where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days" touching someone without consent has always been common assault. Why should a woman have to feel she needs to tell someone to fuck off...why is her body available to anyone who wants to touch it? Btw telling someone to fuck off also falls under the definition of common assault in certain circumstances. Actus reus Both in the common law and under statute, the actus reus of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. There must be some quality of reasonableness to the apprehension on the part of the victim. If the physical contact is everyday social behaviour such as a handshake or friendly pat on the back, this is acceptable even though the victim may have a phobia although, if the defendant is aware of the psychological difficulty, this may be converted into an assault if the intention is to exploit the condition and embarrass the victim. More generally, if the defendant threatens injury tomorrow, the victim has the opportunity to take avoiding action although. Thus, what is threatened must be capable of being carried out immediately. This would exclude a conditional threat. For example, if the defendant says that he would beat the living daylights out of you but for the presence of a police officer watching them both, the victim is supposed to understand that there is no immediate danger. But inequality in size can be disregarded so if a very small person threatens a very large person and it is obvious that the risk of any real injury from this attack is remote, the large person may nevertheless feel some degree of apprehension. Normally, both the one making the threat and the victim must be physically present because, otherwise, there would be no immediate danger. However, if a mobile phone is used to transmit the threat (whether orally or by SMS) and, from the words used, the victim reasonably understands that an attack is imminent, this may constitute an assault.[citation needed] In Fagan v. Metropolitan Police Commissioner [1968] 1 QB 439 a police officer ordered the defendant to park his car and he reluctantly complied. In doing so, he accidentally drove the car on to the policeman’s foot and, when asked to remove the car, said "Fuck you, you can wait" and turned off the ignition. Because of the steel toe cap in his boot, the policeman's foot was not in actual danger, but the Divisional Court held that this could constitute an assault. Albeit accidentally, the driver had caused his car to rest on the officer's foot. This actus reus was a continuing act and the mens rea was formed during the relevant time (see concurrence). Whether realistically or not, the officer apprehended the possibility of injury so the offence was complete. In R v. Ireland,[3] it was found that causing a person to apprehend violence can be committed by way of action or words. Words can also mean that otherwise threatening actions are rendered not capable of being an assault, as in the case of Tuberville v. Savage.[4] In that case, the plaintiff told the defendant (while putting his hand on his sword) that he would not stab him, because the circuit judge was visiting town for the local assizes. On that basis, the defendant was deemed to have known that he was not about to be injured, and it was held that no assault had been committed by the plaintiff (which would otherwise have justified the defendant's allegedly pre-emptive strike). The "immediacy" requirement has been the subject of some debate. The leading case, again, is R v. Ireland. Therein, the House of Lords held that the making of silent telephone calls could amount to an assault if it caused the victim to believe that physical violence might be used against him in the immediate future. One example of "immediacy" adopted by the House in that case was that a man who said, "I will be at your door in a minute or two," might (in the circumstances where those words amounted to a threat) be guilty of an assault. See also R v. Constanza. [edit]Mens rea The mens rea is that this fear must have been caused either intentionally or recklessly. A battery is committed when the threatened force actually results in contact to the other and that contact was caused either intentionally or recklessly. [edit]Defences Self defence is available when reasonable force is used to prevent harm to self or another. Sorry about the massive wiki but people often misunderstand or confuse what assault is. | |||
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"meant to post about this the other day, but kept forgetting. wierd fella on a train platform put his hand on a womans shoulder and told her he loved her (thats the news report, i have no further details other than these) and he has been charged with common assault. since when has touching someonenon intimately been common assault?i where has the age of telling someone to fuck off gone? no wonder i hate leaving my front door most days It may seem strange to you but common assault can be defined as "causing the perception of danger"...simply put he frightened her and she felt threatened. Overreaction? Possibly to you and I but it doesn't alter the fact of how she felt: ergo...common assault. So in theory, knowingly leaving an upen tub of mushrooms next to food belonging to someone who is fatally allergic to mushrooms could fall under "causing the perception of danger", ergo "Common Assault" ?" That's being silly, I expect better from you. No physical contact, however, if you threw it at her or just brushed her with it knowing it's fatal GBH at leadt, attempted murder at worst. | |||
"Why pick her up and walk away with her ? Risky for you. You could have alerted store officials or stood with her and asked someone else to get you security or followed her till she found her mum or her mum found her or taken her by the hand to the till or asked someone to walk with you to the till while you did it. I think your act was kind but you put yourself at risk. You assume no one was aware of her and did what decent people do. Youre quite right Granny... There are many alternatives I could have chosen... My first thought was to calm the child by picking her up and talking reassuringly to her... She calmed down immediately... Secondly I walked slowly so that a frantic mother could easilly see and catch up with me... My point is that it is a curious world we live in where I have to risk assess a normal reaction to wish to help a sobbing toddler and a frantic mother..." You're not alone. I was walking across a carpark. In front of me was a woman in her twenties talking with animation on her phone. A young man, also in his twenties overtook me. The woman, not looking where she was going tripped over the verge. Instinctively the man went to help her up but stopped and his hands dropped to his sides. He looked around andooked relieved when I helped her up. I could almost see him carrying out a risk assessment. I felt rather sad actually. I didn't blame him but it's sad. | |||
"So in theory, knowingly leaving an upen tub of mushrooms next to food belonging to someone who is fatally allergic to mushrooms could fall under "causing the perception of danger", ergo "Common Assault" ? That's being silly, I expect better from you. No physical contact, however, if you threw it at her or just brushed her with it knowing it's fatal GBH at leadt, attempted murder at worst. " That made me chuckle - Murder by Mushroom. | |||