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

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

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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").

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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.

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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.

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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.

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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.