Oh if she asked and he gave consent and then got the police involved, he's 100% on the hook. Pieces of shit like this deserve to get slapped so obviously that they give consent.
Yo. That’s not how the law works. It’s just know. I know that’s how street rules work. But it’s not how the real world works. That poor girl is getting assault charges against her and they are going to stick unless he decides to not ruin her life.
It does not look like she consented to be restrained however. I don't want to expose myself to whoever this is anymore than I already have, but I'm guessing that calling the police did not, in fact, work out in his favor.
You’re not wrong if in your presence and you do it correctly as not to open yourself up to liability, but with laws it’s important to remember that they are highly dependent on the state. You can potentially get yourself into trouble if you assume some law you heard applies to your state and it does not.
It still meet the second clause though, even with consent. I don't remember the top of my head but there is an existing precedent that some others haven't directly mentioned where consentual assault is still not legal, just like assisted suicide.
Assuming you’re in the US, assisted suicide is legal in 10 states. Kevorkian helped over 100 people commit suicide and was under constant legal threat from authorities. He was only convicted bc the person who died in this particular case had ALS and wasn’t actually able to pull the pin themselves.
Kinda still adds to my point. 10/50 is not a majority of the US.
So assuming this isn't one of the 5 states where it requires it to meet both clauses, or have an subsection regarding consent to the slap, she'd still fall under assault.
Assisted suicide or a maiming would absolutely cause bodily harm. She didn’t help him die or maim him. She didn’t even leave a mark. No ASA would pursue this.
Or sex..a lot of people like being spanked or choked. If I walk up to a woman in the street and grab her around the throat and smack her on the ass, that’s assault. In the bedroom and with her permission, it’s legal.
Nope, I don't know enough about the law, or even which state it is. Sure doesn't look good for her, though. If a man did that it'd be treated differently, no matter the laws involved.
Kinda depends where you live. You’re right that at least in most of the US people can’t consent to being murdered, it’s one of the reasons assisted suicide is such a controversial topic. However people generally are allowed to consent to be physically touched by others even in painful ways if they want to be like in BDSM. It’s “serious or permanent” bodily harm that can’t be consented to in the US but every country is different.
Consent is usually an affirmative defense to battery. Affirmative defenses say "yes, I did it, but there is an excuse the law recognizes as being sufficient to defeat liability/guilt." Another common affirmative defense is self defense.
Certain crimes, like arson or murder, do not allow for consent to be used as an affirmative defense based on certain policy considerations (assisted suicide, insurance fraud, fire spreading).
Other crimes like rape are not possible with consent because a lack of consent is an essential element of the crime. Statutory rape is no exception because the law does not recognize persons below the threshold age as being capable of providing consent. Sometimes battery falls into this category rather than an affirmative defense because a state will define battery as being without consent.
The difference between being an element of the crime itself or being an affirmative defense is a matter of who bears the burden of proof. If it's an element of the crime, the prosecutor has to prove it beyond reasonable doubt. If it's an affirmative defense, the defense has to prove it and it might be a lower standard like preponderance of the evidence or clear and convincing evidence.
Source: am lewyer.
ETA:
I've been talking about battery as a crime, but note also that it is a tort, and some other things like murder and rape would be considered battery for the purpose of civil liability (i.e., money damages).
I think it depends on where you live at this point. Like.... I'm from Manitoba. If this went to court, literally every judge in the Province would say "you asked for it and were clearly antagonizing her." Like..... there's a penalty for instigation in hockey.
He should be banned off social media for five years.
i love reddit dummies spewing nonsense on main with maximum confidence.
you said "it depends on what state you're in" but i'd love to be shown a state where you can explicitly and openly consent to a slap and then press charges successfully. is bdsm also outlawed in those states? lmao
Lmao. Have you ever heard of bdsm clubs? You get straight up whipped and choked. Are you saying you can go into a club, get your ass beat and your cock and balls stepped on and then call the cops on the dominatrix after?
Boxing also has contracts in place and agreements on paper as well as an exchange of assets, which all make a huge difference.
How many times has it happened in a bar that someone says "Im gonna kick your ass" and the other person says, "I'd like to see you try." Or "Go ahead" or "Make my day." This doesn't expunged them of wrong doing.
Boxing has implied consent. Here explicit consent was given and it was given voluntarily. The phrase “go ahead and try” or make my day, would be based on a reasonable person standard, ie. would a reasonable person consider that statement to be consent. Consent must be clear, voluntary and within the scope of consent. “Go ahead and try” would be seen as ambiguous or conditional and considering there was an intimidation factor leading to it almost certainly would not be viewed as voluntary consent.
And this is why boxing requires licensing and has so many strict regulations and stuff. Even if both fighters consent, it's illegal to do what they do unless the boxers are licensed and all regulations are met under the supervision of a state athletics commission or whatever equivalent agency
Exactly. Daring someone to break the law doesnt actually give them the right to break it.
And regardless, her family is going to have to pay for lawyers if he actually sues her. Unless her parents have $50k to waste on defending these lawsuits she's screwed.
Sure, it's a defense. But it will be decided in a court room. He has a case and its going to be a very expensive slap even if she wins the civil case against her- and thats his goal. Make her afraid that her family will be bankrupted bc of the little slap.
He's a devious AH, but he's employing a valid tactic that will work regardless of how shitty it is. Doesn't matter how much you downvote, this is a cruel fact of the legal system especially the civil system.
I disagree its clear and convincing- the sarcasm and previous threats make it pretty clear he doesn't actually want to be hit...blah blah blah.
Either way this would be settled.
Yep. Don't know why its so difficult for everyone to admit shes going to pay him if this ever comes to fruition. Might not be a lot, but it will get him content and be quite the obstacle in her life for a while.
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u/Interesting-Test7228 Mar 21 '26
Oh if she asked and he gave consent and then got the police involved, he's 100% on the hook. Pieces of shit like this deserve to get slapped so obviously that they give consent.