Home› General Chat
If you need urgent support, call 999 or go to your nearest A&E. To contact our Crisis Messenger (open 24/7) text THEMIX to 85258.
Options

"assault" in law

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in General Chat
please can someone give me a clear definition of what "assault" actually means in english law...
... this kind of follows on from another thread i wrote but basically,
would pushing some paperwork off of someones desk constitute 'assault' ?

Comments

  • Options
    SkiveSkive Posts: 15,286 Skive's The Limit
    Common assault = an act of violence where there was no or only superficial injury; making the person afraid of injury
    Weekender Offender 
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    otter wrote:
    please can someone give me a clear definition of what "assault" actually means in english law...
    ... this kind of follows on from another thread i wrote but basically,
    would pushing some paperwork off of someones desk constitute 'assault' ?

    assault is the immediate THREAT of physical violence. words can negate assualt so:

    'if it wern't for my employment i'd hurt you' would be enough to satisfy the law.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Assault is a crime of violence against another person. In some jurisdictions, assault is used to refer to the actual violence, while in other jurisdictions (e.g. some in the United States, England and Wales), assault refers only to the threat of violence, while the actual violence is battery. Simple assaults do not involve deadly weapons; aggravated assaults often do.
    Wikipedia

    Is it the student union who are involved or the actual university?

    Did you threaten the person?

    Wikipedia source
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    TheSovereign wrote:
    assault is the immediate THREAT of physical violence. words can negate assualt so:

    'if it wern't for my employment i'd hurt you' would be enough to satisfy the law.

    but if you didn't threaten anyone at all, and then you pushed some papers off their desk just because you were very frustrated, and because of reasons unknown to you, that frightened them, and they said they felt intimidated even though you hadn't done / said anything to intimidate them other than pushing the paperwork ~ does that then make it assault ?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    other principles of law apply here so that you take your 'victim' as you find them. so if he/she was intimidated that's your responsibility to weigh that up in your mind before you 'assaulted'
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    An assault is an action which would make a person of reasonable mind fearful for his or her personal safety. With assault you do not have the principle of taking your victim as you find them- the test is of reasonableness.

    A battery is an action which harms a man, even superficially.

    Pushing some papers off a desk isn't an assault. How were the students union, who should be representing and advising you in all of this.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    Pushing some papers off a desk isn't an assault. How were the students union, who should be representing and advising you in all of this.
    well, the disciplinary is now over. my suspension has been lifted and i've had some penalties imposed on me, and if it ever happens again i've been warned i'll be expelled. but they maintain that i 'assaulted' the person concerned, and i cannot get my head around that. i never threatened the person or intended to cause them any distress at all, all i did was push the papers, it was a split-second thing. i'm seeing the union advisor again next week but until then i just wanted to ask on here to try and get it clear in my own mind.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You did no such thing, unless you were screaming obscenities at the bloke in question too.

    Sounds like a bit of a fuss about nothing, what sort of jerk would even make a complaint about that?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    You did no such thing, unless you were screaming obscenities at the bloke in question too.

    Sounds like a bit of a fuss about nothing, what sort of jerk would even make a complaint about that?

    All the same, I wouldn't be best pleased if someone shoved all my papers off my desk :(

    But I believe there's no use crying over spilt milk :) as long as she's made the effort to say sorry it's all good :thumb: (even if under the circumstances it was excusable which I believe it was, it's still good practice to make an informal apology to the person, if only for your own consciounce)
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    TheShyBoyInTheCorner wrote:
    All the same, I wouldn't be best pleased if someone shoved all my papers off my desk :(

    Well I wouldn't be chuffed either, but I wouldn't be pushing for punishment. What a nobhead.

    Surely a pint and a sorry is enough?
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    You did no such thing, unless you were screaming obscenities at the bloke in question too.
    no.
    it was a woman btw.
    Kermit wrote:
    Surely a pint and a sorry is enough?
    you'd think so really wouldn't you... :(

    anyway, thanks for the advice.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    ah, so that was the outcome! Glad you are off suspension. The 'victim' of your assult sounds like a pussy. tis a bit weird...
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    katralla wrote:
    The 'victim' of your assult sounds like a pussy. tis a bit weird...
    agreed. i mean i know pushing the papers was not the right thing to do, but it seriously has been blown up out of all proportion. i've felt like the victim in all this tbh.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Thing is, because it's one injustice on top of a whole bunch of bitches it probably feels worse than it is, and you likely didn't fight it as hard as you did. Only advice I can give now is to completely forget it. The other people involved won't be dwelling over it and going back for answers just keeps it fresh in your mind, making you feel negative... Ya git me? Fuck 'em, fuck it and forget it... Put your thoughts and energy into something positive that you can achieve. x
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    katralla wrote:
    Thing is, because it's one injustice on top of a whole bunch of bitches it probably feels worse than it is, and you likely didn't fight it as hard as you did. Only advice I can give now is to completely forget it. The other people involved won't be dwelling over it and going back for answers just keeps it fresh in your mind, making you feel negative... Ya git me? Fuck 'em, fuck it and forget it... Put your thoughts and energy into something positive that you can achieve. x
    yeah. i get it. thats good advice. thanks.
    ETS: it just does feel wrong with what they've said but i get your logic.
  • Options
    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    it sounds like youve had the shitty end of it all lately Otter.
    Hope things start feeling a bit better soon

    xx
Sign In or Register to comment.