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Woman arrested for choking wrong man over alleged butt grab

AGENT J said:
what criminal case if theres no victim?

how did an assault take place if the guy says he wasnt assaulted?
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If the victim gave a signed statement to the police and then lies on the stand about it, that victim can be prosecuted for perjury.

The most common example are rape cases where the victim is a child and despite the child not wanting to testify and wanting the case to go away, will instead be required to testify anyway and the case prosecuted anyway. There also are cases of severe domestic abuse where the case is not dropped, particularly if the victim already made a statement and the defendant has confessed - both which have happened in this case, although it not domestic violence.
 
Xelor said:
I haven't read the details of the matter, but I suspect the woman wasn't arrested for choking "the wrong man," but rather for choking (assaulting/battering) a person. It is not legal to choke the "right person" or the "wrong person" when one's own life isn't in imminent danger. Self-defense is lawful; retaliation is unlawful.
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All true, but it could still be the wrong man. The two aren't logically exclusive for the reason you state.



Though I'd quibble: life being in danger is only for use of deadly force or potentially deadly, depending on outcome and jurisdiction. The usual generic rule is force used that a reasonable person would feel necessary to end the threat. And that rule would result in what you say: you can't just choke someone out because they slapped your ass, even if they deserve it.
 
Woman arrested for choking wrong man over alleged butt grab
Xelor said:
I haven't read the details of the matter, but I suspect the woman wasn't arrested for choking "the wrong man," but rather for choking (assaulting/battering) a person. It is not legal to choke the "right person" or the "wrong person" when one's own life isn't in imminent danger. Self-defense is lawful; retaliation is unlawful.

Mr Person said:
All true, but it could still be the wrong man. The two aren't logically exclusive for the reason you state.

Though I'd quibble: life being in danger is only for use of deadly force or potentially deadly, depending on outcome and jurisdiction. The usual generic rule is force used that a reasonable person would feel necessary to end the threat. And that rule would result in what you say: you can't just choke someone out because they slapped your ass, even if they deserve it.
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Red:
The man the woman choked could be the wrong man. Indeed, I'm even willing to cede that he is the wrong man.

That said, the fact of the choked man's innocence of butt-slapping the woman is irrelevant to the reason for which police arrested the woman. The woman's having retaliated against the wrong individual would be potentially relevant in sentencing -- her perfunctoriness in determining against whom to retaliate may be an aggravating quality of her behavior (the assault/battery) -- but not in determining whether she committed a criminally culpable act for which she can be arrested (and/or subsequently prosecuted).

Blue:
Exactly. Right person or wrong, it is unlawful to do that, which is why the fact of the choked man's ostensibly or in fact being the wrong person is irrelevant to the reason for which the woman was arrested.
 
SDET said:
Should she be given a break or the charges reduced to a misdemeanor because she was feeling threatened?





https://nypost.com/2018/10/31/woman-arrested-for-choking-wrong-man-over-alleged-butt-grab/
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What? You mean a female can accuse a male of groping and be wrong? I didn't realize that. I wonder why this story didn't make CNN or the regular MSM? This lady should be made an example of. By the way, the new Senate report says that a couple of males came forward during the Kavanaugh investigation and claimed that they had had consentual relationships with Ms. Ford and that several of those details were very similar to what Ford had said regarding Kavanaugh.
 
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Lutherf said:
Well, she did feel threatened and she did think she was being sexually assaulted and there was a guy in the vicinity so it's perfectly reasonable for her to have assumed that the guy was a butt grabbing rapist so it was probably OK for her to strangle him. What isn't OK is that the bouncer got choked out by someone 125 pounds. That just ain't right!
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The bouncer said that he didn't think that he was actually being attacked. He thought it was some friend joking around. By the time he realized that wasn't a joke it was too late. She's really going regret this one though. Strangulation is a very serious charge.
 
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