Saturday, May 15, 2010

Is it against the law to punch a woman in self defense, if she punches you first?

I was in a shop yesterday and a woman punched a guy hard in the face 5 or 6 times, completely unjustifiably and for no reason. The guy just stood there like an idiot and got a black eye. Should he have fought back in self defense? I believe in this case he would have been completely justified in hitting her back, purely in defense. What comments can the law make on this? Can the law protect the man for protecting himself in this case? Thanks in advance|||If you think that you need to physically defend yourself or others from bodily harm/death you have the right to do so. Weather the person has a vagina or a penis is of no issue. To say that only women can defend themselves is sexist.|||He had the right to protect himself from this assault. After the first punch, he could have tried to subdue her, hold her hand, protect his face, block her punches, etc. He just stood there and took it.





If I was a juror, I would take into consideration the following things if he punched her back in the face and she was injured and facing assault charges:


She assaulted him first. He believed that she was a threat and would cause him bodily harm. How big he was, how big she was. If she is 90 lbs and he%26#039;s 250 lb 6%26#039;4 and he punched her out, that would be excessive force. There was no other option available to him to protect himself or subdue her, but to punch her out.





I know a guy whose girlfriend slapped him and he punched her back. She had a broken nose, 2 black eyes (because of the broken nose) and he was arrested and convicted of battery.|||first of all, it was probably his wife or gf, and you dont know whats going down. the other day i caught my hubby in strip club and hit the hell out of his nugget. and i dont think it will be ok for him to punch me back.


now, it is ok to do whatever reasonable to protect yourself. in this case, he could have restrained her, while someone calls the law, or run and call the law. see, if he punches her back, and if he is obviously bigger and stronger than her, it wont be reasonable. it might sounds unfair, but thats how the law would most likely look at it. so as if two men were in this situation. if one is much bigger and stronger than the other, it wont be justifiable to hit back.


if the law is called, and they hit each other, both will get charges. if he didnt touch her, she will get one and he wont. and it really doesnt matter who started what.|||It depends on the state. I know in Pennsylvania you have the duty to do what is necessary to defend yourself and then retreat.


For example:


If somebody attacks you, you can attack them until they no longer no come at you; but at that point you must run away.





You cannot, however, repeatedly beat somebody afterward, because in the eyes of the state YOU are now the attacker.





Basically, if you are on the street you can defend yourself until the attacker lets up, but then it%26#039;s your responsibility to retreat.





If somebody attacks you in your own home, you can use whatever force is necessary up to and including death.|||It might be legal but the man did the right thing by not reacting to this situation. It is possible the man has been charged in the past and therefore would be charged again even if the woman started the fight. If he had injured the woman, HE would have gone to jail even in self defense mostly because it is believed that a man can still over power a woman.|||There is a fine line between self defense and assault but the line doesn%26#039;t apply when talking genders. Here are two examples of the line; if you throw the first punch it%26#039;s assault but if the other person throws the first punch it%26#039;s self defense. If you knock someone down and continue to hit them while they are on the ground it%26#039;s assault (no matter who hit who first).





Hope this helps.|||Every situation is unique and complicated, and you don%26#039;t really know what was happening or who the people were, so you can%26#039;t apply %26quot;laws%26quot; to what you saw. If the parties involved want to press a charge against the other, one will find a law that was broken and try to pursue it that way. That%26#039;s how %26quot;the law%26quot; works.|||Yes a man has the right to defend himself against a woman, if he%26#039;s being attacked. It%26#039;d be pretty silly if he couldn%26#039;t.





Of course, judges and juries tend not to overly sympathetic unless it%26#039;s absolutely clear it was self defense.





If it was me I%26#039;d try to subdue the woman before I%26#039;d fight back. But I would fight back if it was my only option.|||You can defend yourself against anyone. That means you should walk away first, but if you can%26#039;t then you can stop the use of force. He could have grabbed her hand/arm and stopped her. He can%26#039;t start punching her, that would be considered retaliation in most cases.|||You always have the right to defend yourself. Apparently this gent felt that there was no reason to do so. Now consider what the average passer-by would have done had they witnessed him striking her.





Keep in mind that it takes two to tango.|||If he fights back, he gets arrested along with her. He can walk away or try to subdue her. In reality, when police respond to this type of incident, they usually arrest both parties regardless of who did what.|||It would be just as illegal for him to hit her as it was for her to hit him. He should press assault charges.|||I%26#039;d have sluged her back. If you are %26quot;man%26quot; enough to hit me, then I%26#039;m swinging back. Equal rights, remember?

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