General Discussion
In reply to the discussion: looks like the woman punched 1st, then football player punched back harder [View all]CajunBlazer
(5,648 posts)I studied the video several times and this is I see the situation evolving. It looks like he was shoving his way into a recently vacated space at the bar. Not good form at all, but not something to fight over, at least not yet. She apparently didn't appreciate that (understandable) and says something, which he didn't appreciate. He evidently says something back, which she didn't appreciate. (Remember, we can't hear what is said between the two, so it is difficult to totally understand the situation.)
She then responds verbally and shoves him. The verbal confrontation continues and she raises her right fist in a threatening manner. He grabs that arm and says something. She says something to him (again unheard) and he might have respond. She strikes out with her left fist, but the punch fails to connect. He smacks her in what looks like the the cheek with his closed right fist. (If he is an athlete, he probably didn't hit her as hard as he could have, but he smacked her pretty good with a closed fist.)
Now I have no problem with him being kicked off of the team. College athletes are cautioned time and time again - don't put yourself in situations that will get you in trouble. He probably had a few drinks and should have not bullied his way to the bar. He certainly should not have argued with a obviously drunk women.
Now I was raised that you don't hit women, ever, regardless of the situation, but the law does not distinguish between the sexes when it comes to assault.
My problem is that he was charged with assault, and she wasn't. Why is that? Pushing through a crowd is not assault, and neither is mouthing off (unless so called "fighting words" are uttered. (Again the lack of sound deprives us a full understanding of the situation.) However, when she pushed him, that could be considered assault. Normally when you grab someone, that is considered assault, but his defense would be that she was threatening him with her fist so he was justified in reacting to that threat.
However, when she struck out at him with her left fist, that was assault, but not battery (she missed). When he struck her that could be considered both assault and battery had she not thrown the first punch. His legal defense would be that it is not assault and battery if you are responding to an attack, even if the attack was unsuccessful. (In other words, you don't have to wait until someone hits you before you can respond.)
In my view of the video, I don't see how he can be convicted of assault, but she possibly could be.
My question for you folks is, if it were the same identical situation, but the person sitting at the bar was a man instead of a woman, would we view the situation any differently? Should we view the situation differently? If the woman sitting at the bar was the college athlete, should she have been kicked off of her team?