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Teens try to sexually assault woman...

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Umm...show me where any state which has a Disparity of Force law, or one in Canada where the incident took place? This seems to be an argument for use when defending yourself when you kill or maim someone else. I dunno, it seems only people who carry guns even reference this argument. But for the sake of discussion lets look at it anyways.

Ability - The man she hit did not attack her, she attacked him. Yes there were two young men against a woman, but she attacked him. The other guy attacked her via groping, which is assault. But she did not attack him. She demanded an apology and he apologized. It also appears that the original groper did not attack her afterwards when she began fighting with the other guy.

Opportunity - If she said she tried to leave and he stopped her, that would be one thing. There was no attempt to flee.

Jeopardy - Simple fear is not enough to prove jeopardy. And from all indications, she exhibited anything but fear until after she beat the guy up and he brought out the knife. Again, I would prefer a lawyer to chime in here, but he might even be able to claim jeopardy because she was kicking his ass! He would bring out the disparity of force argument because she demonstrated clear martial arts ability which he lacked.


An interesting aspect to this is other people called the police. That could prove that she felt she was in jeopardy, as others felt the same say. But when did they call? Was it when she was groped? Was it when he was cussing at her? Was it when she started punching the guy? Was it when the knife came out?




You're an idiot. Since when is looking at all the facts and asking a question a bad thing? I tend default to the law of the streets philosophy. You start sh1t, dont cry when you get your ass kicked. But I'm also aware that the ass kickers often get in just as much trouble for seemingly doing the right thing. You might think my question is outrageous, but I dont assume the court system is infallible. When the law is involved nothing is black and white.

Riiight - 2 Guys go after a woman - the older of whom gets carted off to prison - and you somehow think she's responsible because she chose to fight. What - she's supposed to just lay on her back and spread. 🙄

Moron... 🙄


p.s.: She's entitled to fight under Canadian Law

Criminal Code, Sections 34-37

34. (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if
(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and
(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

35. Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
( b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.

36. Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.

37. (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

(2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.
 
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Riiight - 2 Guys go after a woman - the older of whom gets carted off to prison - and you somehow think she's responsible because she chose to fight. What - she's supposed to just lay on her back and spread. 🙄

Moron... 🙄

He's not in prison yet moron. If he was that would have answered my question.

http://www.bojuka.ca/self-defense-canadian-law.shtml

In general, reasonable force can be defined as the minimal force required to deter or prevent an assault from occuring or being repeated. This would include removing yourself from a potentially violent situation before an assault occurs, verbal de-escalation, posturing, and physically defending oneself. When training in self defense it is important to practise scenarios that will allow you to assess the threat level and act accordingly. If you can leave safely without risking injury to yourself or another, then you must leave. If your are being assaulted or an assault is imminent then you can use only the amount of force necessary to stop the assault. You are not permitted to punish the assailant or seek revenge. You have to ask yourself the question "what would another reasonable person do in the same circumstances".

She didnt try to leave. She admittedly snapped and tried to punish the guy for cussing at her.
 
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Got it - It's Her fault she didn't lay down and spread for the poor unfortunates to just wanted a little. 🙄

That has nothing to do with anything.

The story is kinda odd...she said she was felt up, told the guy to apologize and he did. Then she was cussed at by the other one and she punched the guy in the face a couple of times. Then be pulled the knife. I wonder if his lawyer will make a self defense claim. By her own words she snapped. I dont think cussing at someone gives them the right to punch you in the face. Dont get me wrong, it seems like this was leading to a rape, especially if the guy was walking around with a knife. But I'm wondering if her story gives them some loop holes to escape from. Any lawyers have any thoughts?

Youre trying to frame this as if I'm putting her on trial. I'm asking for a lawyer, which I dont think you are, if her interview gave the guys a way to beat it. Those are two completely different things.
 
Understood...

Mind Bogglingly Sleazy

...but Understood

I would think even a lawyer would argue sleazy is a relative term. They defend people they know are guilty for money, usually claiming everyone is entitled to a defense. Knowing whether or not its a possibility changes my feelings towards to the story. Its hard to feel good about it if they walk, all because she gave a TV interview.
 
Christ, I can't believe we have people in here defending the rapists. WTF is this world coming to when you have people defending pedophiles and rapists?
 
Christ, I can't believe we have people in here defending the rapists. WTF is this world coming to when you have people defending pedophiles and rapists?

If you are referring to me, I am not doing that at all. Read the last few posts above yours.
 
Christ, I can't believe we have people in here defending the rapists. WTF is this world coming to when you have people defending pedophiles and rapists?
He's one of those annoying kid that argues just to argue and try his hardest to annoy and come up with all these supposed scenarios that only happen in cartoons and sitcom, until someone pop him in the mouth so he'd shut the fuck up (which I would wager happens very often). So, just ignore him like I did.
 
He's one of those annoying kid that argues just to argue and try his hardest to annoy and come up with all these supposed scenarios that only happen in cartoons and sitcom, until someone pop him in the mouth so he'd shut the fuck up (which I would wager happens very often). So, just ignore him like I did.

Or one of those people who dont actually reads and thinks about posts and just reacts, then realized he has nothing to actually say and goes back under their bridge.

Well, there are lawyers on ATOT...

The *one* time I ask for one to weigh in, everyone but the frickin lawyers puts in their two cents. Usually they are quick to clarify these kinds of questions.
 
Im not sure why you think shes some super god who kicks ass. They pulled out a knife and she turned into a pussy, if she was so experienced a little blade shouldnt have scared her.
 
I would have used some sort of kung fu pressure points technique to freeze them, cut their dicks off, feed it to them then shove the knife up their asses repeatedly until they bled out of their butts to death.
 
Im not sure why you think shes some super god who kicks ass. They pulled out a knife and she turned into a pussy, if she was so experienced a little blade shouldnt have scared her.

You've been watching too many movies kid. When Bruce Lee said "be like water" did you think he meant your brain?
 
Ugh, really? She should have appreciated a groping. Yuck.

1339784144808_ORIGINAL.jpg
 
She didnt try to leave. She admittedly snapped and tried to punish the guy for cussing at her.

Bad editing job by the news station. Listen to her words carefully. The second assailant kept coming at her and that's when she punched him.
 
Bad editing job by the news station. Listen to her words carefully. The second assailant kept coming at her and that's when she punched him.

Its hard to tell, because the narrator said she snapped and punched him, then they cut to her saying he kept coming and she got him again. Then there is the text in the story. But since you brought up the editing, the TV station probably has the complete interview, which would give better context to her story than what was posted. What sounds like a 30 sec engagement where she is Charles Bronson might have actually been 10 min of terror where she was fighting for her life.
 
The story is kinda odd...she said she was felt up, told the guy to apologize and he did. Then she was cussed at by the other one and she punched the guy in the face a couple of times. Then be pulled the knife. I wonder if his lawyer will make a self defense claim. By her own words she snapped. I dont think cussing at someone gives them the right to punch you in the face. Dont get me wrong, it seems like this was leading to a rape, especially if the guy was walking around with a knife. But I'm wondering if her story gives them some loop holes to escape from. Any lawyers have any thoughts?

there are 3 storeis, the cops got. im pretty sure the 16 year old ratted out his friend.
 
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