He escalates the situation at every single point and he was in power and control the whole time.
The law is not interested in who has power and control. The law is interested in each individual's use of force, and whether that use of force was justified or unjustified.
- She grabbed the glass. Was this justified or unjustified?
- He spilled the drink on her. Was this justified or unjustified?
- She lunged at him. Was this justified or unjustified?
- He pushed her away; she tripped over her seat and fell to the floor. Was this justified or unjustified?
- She tried to stand up, and he kicked her back to the ground. Was this justified or unjustified?
- He backed away from her and gathered his things. Was this justified or unjustified?
- She picked up a beer bottle, and threatened him with it. Was this justified or unjustified?
- He shoved her away from him; she again fell back to the ground. Was this justified or unjustified?
- He continued to gather his things and retreat. Was this justified or unjustified?
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Unjustified.
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Unjustified. These first two are tit-for-tat assaults. She instigated, he responded. At this point, both of them are disturbing the peace.
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Unjustified.
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Justified. You are justified in using physical force to stop a physical attack against you.
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Could go either way. In her trial, this was an unjustified escalation on his part. In his trial, he was reasonably concerned she was continuing her previous attack, so he was justified in keeping her on the ground. In both cases, the defendant on trial is owed "reasonable doubt".
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Obviously justified; he was de-escalating.
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Completely unjustified: This would be considered assault with a deadly weapon. He was already in the process of retreating from her; she was not justified in commencing a new attack.
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Completely justified by her assault. He used reasonable force to keep her from striking him with that bottle.
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Obviously justified; he was again de-escalating.
Reading this thread, I am starting to think there are a lot of misogynists on Lemmy.
Which part of this analysis makes me a misogynist?
