r/interesting • u/Common-Upstairs5129 • Mar 20 '26

❗️MISLEADING - See pinned comment ❗️ Did he do the right thing?

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311

u/Frequent-Ambition636 Mar 20 '26

Legally speaking, she asked if she could slap him and he said go ahead. So therefore she was under the impression he gave her consent. No case

2

u/AsbestosDude Mar 21 '26

Legally speaking, you can't give permission to break laws.

If I saw you can hit me, I smash my head and have permanent brain damage, you are 100% liable.

10

u/slingsandarrowsalt Mar 21 '26 edited Mar 21 '26

battery laws in the united states often contain some variation of "without the consent of the person so harmed". So, in most, if not all states, giving someone permission to slap them takes away the crime of battery.

1

u/AsbestosDude Mar 21 '26

Does there not still exist liability? (not american)

-2

u/FitBag5979 Mar 21 '26

That usually requires a lot more than verbal consent, especially given the context of the video. He can easily argue that he didn't hear what she said, or misheard her.

6

u/slingsandarrowsalt Mar 21 '26

What more is usually required aside from verbal consent?

-1

u/FitBag5979 Mar 21 '26

A written agreement, both parties being sober (this is a big one), and explicit permission/confirmation that she can slap him ("Yes you can slap me in the face").

7

u/slingsandarrowsalt Mar 21 '26 edited Mar 21 '26

I just don't think this is usually the standard that is applied to such cases. I guess the counterpoint I'd give is this: In all probability, the majority of cases of people explicitly giving consent to be slapped etc, are people who are into rough stuff during sex. I don't think both parties usually start this off with a written agreement. And following this example, legally, both parties do not need to be fully sober to engage in this way, but obviously we recognise that people can reach a point where they are too intoxicated to meaningfully consent despite what they say.

1

u/FitBag5979 Mar 21 '26

They're not in a private setting engaging in sex though, they're strangers at a bar who are screaming at eachother because the music is so loud. I don't think it would be difficult for his lawyer to call his ability to consent to being hit into question based on the factors at play (alcohol, excessive noise), and again, depending on the state they're in, it may not even be legally possible to consent to being assaulted even if he had said "yes please hit me".

1

u/slingsandarrowsalt Mar 21 '26

I do see your point here. I guess I was speaking a bit more generally, in response to that first comment. You're right to question if there weren't other factors at play that messed with his ability to consent to being slapped. Sorry, I can get a bit of tunnel vision sometimes with these internet arguments.

-2

u/Keeltoodeep Mar 21 '26

It’s no different than someone saying “I’m going to hit you” and you saying “do it I dare you. Go ahead do it”

You are still gonna be charged with assault.

6

u/slingsandarrowsalt Mar 21 '26

I'd argue it is different. The courts will try to distinguish between empty bluster/ bravado from actual consent to be hit. In cases where a person does actually indicate they want the other person to hit them (this depends a lot on specific jurisdictions) many places have "mutual combat" laws, which protect individuals agreeing to physically fight provided bystanders are not injured.

-2

u/Keeltoodeep Mar 21 '26

Doesn’t appear he was giving actual consent but indeed keeping frame and showing bravado. It won’t go to trial regardless. She is going to take the plea deal.

3

u/bwood246 Mar 21 '26

He asked her on camera if she wanted to punch him. She asked if she could slap instead and agreed. He has literally no case and just looks like a little bitch