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Forums - General Discussion - Did I assault my ex girlfriend?

luigiman5555 said:
MrBubbles said:
yes, that was assault. based on your initial account, a reasonable person would have realized that touching her like that was unwanted. you also sound like youve been stalking her.

She accused me of civil assault and civil battery but I did nothing bad. I did not intend to do anything bad. Not even minimal intent. All I did was hug her but I did stop after realizing she really wanted me to. I honestly thought that she would've hugged me back eventually and comfort me.

Civil assault: "An intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is unconsented."
Civil battery: "An intentional act which causes harmful or offensive contact which is unconsented."
Proof: http://bikerlawblog.com/2006/10/09/civil-assault-and-battery-in-plain-langu/?doing_wp_cron=1362348609.9029219150543212890625

#1. It only would've been unconsented had I persisted after realizing you really wanted me to stop.
#2. There was no harmful or offensive contact nor was there a reasonable and imminent apprehension of harmful or offensive contact.
#3. Even if I did all of the above, it was not intentional and that's another valid defense.
Proof: http://www.shouselaw.com/nevada/battery-defenses.html

How did I assault her? I may have chosen an unreasonable tactic that I thought would've worked but I didn't assault her. I suppose I did stalk her by following her but she did that to me too a long time ago. I live in Vancouver.

your action was intentional.  you didnt just accidentally bump into her while walking on the street.  you deliberately put your hands on her.   

you chased her down, you got in her way, you tried to stop her with your body, then you put your hands on her.    by her not stopping it was clear indication she would not consent to being touched by you.     regardless of what you wanted to do...

a reasonable person would look upon this and realize that she didnt want to be touched.

 

although you would be technically guilty of assaulting her... i dont see how exactly she would have anything to gain from a civil case.  it wasnt severe, you didnt cause her any suffering other than momentary discomfort, providing youve left her alone and not harassed her since...  there does not seem to be grounds for a civil case.  

in the likelihood of a criminal case i would expect minimal punishment, if it even makes it that far.  the prosecutor/police could just drop the matter if you agree to stay away from her and not have any contact with her anymore (which is my advice anyways).

 

to sum up: you are technically guilty of a crime.  you likely wont suffer because of it.  just leave the psycho alone...  :)



"I like my steaks how i like my women.  Bloody and all over my face"

"Its like sex, but with a winner!"

MrBubbles Review Threads: Bill Gates, Jak II, Kingdom Hearts II, The Strangers, Sly 2, Crackdown, Zohan, Quarantine, Klungo Sssavesss Teh World, MS@E3'08, WATCHMEN(movie), Shadow of the Colossus, The Saboteur

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happydolphin said:
theprof00 said:

Nice comic akvod.


OP
HOOOOoooOoOLD UP and slow your shit down.
1. You have problems. Accept that you do. I need look no further for evidence than you listened to advice to play sax for a girl.
2. You care WAY too much about being an "assaulter". Srsly who the fuck cares? Next time she says something, say, "fuck the poh-lice". What's going to happen to you? You gunna get arrested? Go to jail? >_>
3. Find another girl....like, now.
4. Ask girls out. A kind of pseudo, easy way to go out with a girl is if you see a girl going somewhere (who you know) ask her what she's up to, and ask if she minds you walking there with her since you're bored. Usually it results in actually doing the following activity as well. The key is to look independent. You don't need to be asked to join something, you get to the destination and pick up your phone and start texting as you walk away saying "hey thanks for the chat, looks like fun so have a good time". Learn that "going out" and "dating" is not much different from what you just did, with a difference being maybe putting your hand on her shoulder for a few minutes or giving her a hug goodbye.
5. Talk to a friend's older sister. Do you know older sisters? Talk to them. Ask them everything and DON'T ARGUE.
6. Don't ignore the girl. Next time you see her, feel free to walk up WITH her and just say you want to talk. Ask her about something she's into and ACT LIKE NOTHING EVER HAPPENED EVER. Imagine like you've never even met her, but don't do that whole "restarting" roleplay.
7. Pussy on the pedestal. You put it there. Take it down.
8. Girlfriends are the same as guyfriends. You don't fall in love with your bros, do you? Act exactly the way you would with guys, just more polite and gentle.
9. Just do what I said.

10. disclaimer. I gave you these bits of advice because I think the most important problem is that you take the relationship too seriously, and perhaps expect bonds to grow too quickly. Life isn't like tv or the movies....well...it is...but the main difference is that the things that happen in shows or movies should rightly be the culmination of several years, not several episodes. So slow down, relax, don't take things too seriously, ALWAYS SMILE, ALWAYS LAUGH, never get mad, value your own time.

 

EDIT:

Also stop playing the saxaphone. If your parents are making you, tell them you don't want their life.

Thanks for the free tips brah.

lol

Girls and life follow the same method.
Don't take anything seriously, always be easy to laugh especially at yourself, be quick with honesty, and most importantly, relax.



theprof00 said:
happydolphin said:

Thanks for the free tips brah.

lol

Girls and life follow the same method.
Don't take anything seriously, always be easy to laugh especially at yourself, be quick with honesty, and most importantly, relax.



happydolphin said:
theprof00 said:
happydolphin said:

Thanks for the free tips brah.

lol

Girls and life follow the same method.
Don't take anything seriously, always be easy to laugh especially at yourself, be quick with honesty, and most importantly, relax.

I will recommend myself for advice, as well as d21. We're both hoes.



MrBubbles said:
luigiman5555 said:
MrBubbles said:
yes, that was assault. based on your initial account, a reasonable person would have realized that touching her like that was unwanted. you also sound like youve been stalking her.

She accused me of civil assault and civil battery but I did nothing bad. I did not intend to do anything bad. Not even minimal intent. All I did was hug her but I did stop after realizing she really wanted me to. I honestly thought that she would've hugged me back eventually and comfort me.

Civil assault: "An intentional act which causes a reasonable and imminent apprehension of a harmful or offensive contact which is unconsented."
Civil battery: "An intentional act which causes harmful or offensive contact which is unconsented."
Proof: http://bikerlawblog.com/2006/10/09/civil-assault-and-battery-in-plain-langu/?doing_wp_cron=1362348609.9029219150543212890625

#1. It only would've been unconsented had I persisted after realizing you really wanted me to stop.
#2. There was no harmful or offensive contact nor was there a reasonable and imminent apprehension of harmful or offensive contact.
#3. Even if I did all of the above, it was not intentional and that's another valid defense.
Proof: http://www.shouselaw.com/nevada/battery-defenses.html

How did I assault her? I may have chosen an unreasonable tactic that I thought would've worked but I didn't assault her. I suppose I did stalk her by following her but she did that to me too a long time ago. I live in Vancouver.

your action was intentional.  you didnt just accidentally bump into her while walking on the street.  you deliberately put your hands on her.   

you chased her down, you got in her way, you tried to stop her with your body, then you put your hands on her.    by her not stopping it was clear indication she would not consent to being touched by you.     regardless of what you wanted to do...

a reasonable person would look upon this and realize that she didnt want to be touched.

 

although you would be technically guilty of assaulting her... i dont see how exactly she would have anything to gain from a civil case.  it wasnt severe, you didnt cause her any suffering other than momentary discomfort, providing youve left her alone and not harassed her since...  there does not seem to be grounds for a civil case.  

in the likelihood of a criminal case i would expect minimal punishment, if it even makes it that far.  the prosecutor/police could just drop the matter if you agree to stay away from her and not have any contact with her anymore (which is my advice anyways).

 

to sum up: you are technically guilty of a crime.  you likely wont suffer because of it.  just leave the psycho alone...  :)

What do you believe was my true intention? To scare her? To threaten her? No way. The act of hugging was intentional solely to get her to hug me back, comfort me, and just be my friend again. That was my sole objective with the hug. There were no bad intentions. Not even minimal. If she sees how sad and sorry I truly am, maybe the small spark of love that flounders within will ignite and things will get better. Maybe she would've reacted and change her mind about wanting to be left alone. These things happen in the movies all the time and girls can be very complicated sometimes. It was a tactic; a risk that I went for that backfired. I didn't know what else to do. I stopped hugging her once I realized she really wanted me to. Perhaps I should've known better. Maybe I was being unreasonable because I was emotionally overwhelmed and just wasn't thinking clearly. I never would've hugged her if I knew it wouldn't have worked. Why else would I have done it?

Remember, the intention has to cause a reasonable and imminent apprehension of a harmful or offensive contact which is unconsented. It only would've been offensive and unconsented had I persisted after realizing she really wanted me to stop. I know a reasonable person would've realized before but I saw the movie play out in my head and that's what I went for. Besides, the last time we talked on the phone, she got super jealous when I told her I was dating someone else. She even jokingly asked me to dump the girl in front of her. That's why I believed she still wanted to be my friend again. That's why I believed the hug would work. It all really messed with my mind. Especially her randomly ignoring me again. The hug was never harmful and even if there was any imminent apprehension, which I really doubt there could've been from an apologetic hug, I don't believe there was a reasonable amount. Even if I did all of the above, that was not my intention. How could it have been if I just wanted her to stop ignoring me and be my friend again? I was never even angry. I only shifted from being sad to forcibly calm.

I did coincidentally spot her while walking. We live about five minutes away from each other. She never ran and talked to me for a bit. She did randomly sprint between walking though. When I walked in front of her, I did put my hand out to try to stop her for a bit. She kept trying to get past and I did gently push her back a few times before letting her go once I realized she just didn't want to talk to me. I only held her with the hug. Looking back, I think she was running a bit late to school. Everything seemed fine the previous week. We had even planned to hang out a few days prior. She told me I had to bring my date though. Yeah, weird, I know. Then, at the last minute, she told me, via Facebook, that she couldn't because she was sick and randomly ignored me again. I was left in the dark and really wanted some answers. This is the same girl that cheated on me. I have moved on but I just want some more answers regarding this. I hate feeling like a bad guy.



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This is my ex's defense "It's not criminal, it's civil, and in the civil action you only need minimal intent, voluntary consciousness that you are acting, and fear is irrelevant to the legal definition for you only need to anticipate or perceive that contact might ensue. And battery can be civil as well. The wikipedia definition refers to criminal assault."

Does that change anything?



Wow dude. You need to move on. I know you said you have already, but how long ago was this? How long ago did you tell her that you want to die?

Yeah ... Personally I'd like to tell this girl to keep her distance from you. You may not "intend anything bad" but you have obsessed too much over this girl that wasn't even your official girlfriend. That can lead to something bad happening.



Tag: Hawk - Reluctant Dark Messiah (provided by fkusumot)

luigiman5555 said:

This is my ex's defense "It's not criminal, it's civil, and in the civil action you only need minimal intent, voluntary consciousness that you are acting, and fear is irrelevant to the legal definition for you only need to anticipate or perceive that contact might ensue. And battery can be civil as well. The wikipedia definition refers to criminal assault."

Does that change anything?


she hasnt suffered any damages as a result, so really...it doesnt even matter.  

example:  someone is randomly attacked for wearing a wrong colour shirt.  they suffered minor physical scrapes other than a broken arm.  As a result of the broken arm they lose time from work, thus losing income.   they also suffer ongoing anxiety issues related to the attack because they are fearful of just walking down the street because of the random nature of the assault. 

they have suffered financially and their quality of life has gone down because of the assault.  they have reason to sue. 

 

 

here i just pulled this from some site

Civil Assault Cases

Separate from any criminal prosecution for assault, a victim may pursue civil damages for injuries caused by it. After a determination by a judge or jury that an assault was committed, the next step is to determine what compensation is appropriate. Three types of damages may be awarded. Compensatory damages, such as medical expenses, are meant to compensate for the injury sustained. Nominal damages are a small sum. Nominal damages act as an acknowledgment that a person has suffered a technical invasion of rights. They are awarded in cases where no actual injury has resulted, or where an injury occurred, but the amount has not been established. Finally, punitive damages may sometimes be awarded. Punitive damages may be awarded in particularly egregious circumstances, as a way to further punish the wrongdoer. Punitive damages go above and beyond compensatory damages.

 

 


You could probably file a countersuit for harassment, if it comes to it. 

(its pretty clear that her repeated threats of civil action are causing you mental distress, which is likely her intent rather than actually doing something)



"I like my steaks how i like my women.  Bloody and all over my face"

"Its like sex, but with a winner!"

MrBubbles Review Threads: Bill Gates, Jak II, Kingdom Hearts II, The Strangers, Sly 2, Crackdown, Zohan, Quarantine, Klungo Sssavesss Teh World, MS@E3'08, WATCHMEN(movie), Shadow of the Colossus, The Saboteur

Part of me still wants to be friends with her or at least keep in touch. Any advice regarding that?



luigiman5555 said:
Part of me still wants to be friends with her or at least keep in touch. Any advice regarding that?

Yeah, let it go.  Stop obsessing and move on.



Tag: Hawk - Reluctant Dark Messiah (provided by fkusumot)