Originally posted by diablo
You can't seriously be that stupid, can you? Let's see what goes on in the normal heterosexual male bathroom. You walk in, go to a urinal, pull your penis out, and pee. You shake it, put it back in, wash your hands (hopefully) and walk out. From time to time someone will turn around without having put their penis back into their pants. That person has then exposed themselves to the rest of the bathroom - should they be charged with indecent exposure? No. You accept the risk when you walk into the bathroom that you might see another man's private area. Of course, this risk never took into account the fact that a homosexual might get off by looking at this, but unless you're a lawmaker I don't see it changing anytime soon - how would they prove that, anyway? The only way I can see it is to make two additional bathrooms - one for homosexual men, one for heterosexual men, one for homosexual women, and one for heterosexual women. Since that would be discrimination, you're stuck with the laws we have. Since he didn't break any law, and you assaulted him, yes - you broke a law and he didn't. Genius.
Note, there is a difference between a dude forgetting to put a d!ck in his pants, and a guy who is watching you through a partially opened stall door and servicing himself.
You're comparing apples to oranges. The battered woman analogy is at a completely different (and very extreme) end of the spectrum. In most cases it is physical, however in the case that it is strictly psychological it has likely been happening for a prolonged period of time, manifesting itself in many different ways and forms. This took all of 2 minutes - hardly a justifiable defense... I hope you aren't planning on submitting a law school application to anywhere but <Your town here> Community College.
In most cases, yes the battered wife defense is commonly used by victims who have suffered through years of psychological abuse. However, the law itself (at least here in Canada), is ambiguous enough that it doesn't state the specific duration of the psychological abuse, but rather the idea that the victim felt psychologically threatened. Whether the psychological abuse took 2 minutes or 2 years, if the battered wife feels that she is psychologically threatened and physically attacks her husband to prevent the threat from happening, she can use the defense in her favor, and win. Nowhere in the law is the duration of psychological abuse defined, nor is it said that it has to occur over a long period of time.
If I call you a "stupid head" and tap my fist against my head, are you justified in assaulting me? Of course not. You might feel psychologically threatened, but that doesn't give you any rights in the eyes of the law (or society) to take physical action against me. Put quite simply, there was no clear indication that physical harm to the victim was imminent. Without that distinction, he has no valid legal defense. I challenge you to show me US state or federal law(s) that would be applicable in this situation which state otherwise.
In that case no, and by the way that would not psychologically threaten me. My major is not law, but rather psychology with a focus in forensics. One thing you will learn from studying criminals is that they often escalate their crimes if left unchecked.
A "peeping tom" for example will observe a woman undressing in a window everyday, and he will get away with it for so long that he will build up confidence to enter her place when she is not there. Then he will build up enough confidence to enter her place and wait for her to come home, and then build enough confidence to assault her one day.
I can understand if h2o felt threatened by this peeping tom. He doesn't know if the guy is simply a dude who whacks off in the washroom, or a some guy that actually stalks him. If he feels psychologically threatened, he has justification in defending himself.
Once again, he would have to have more than a "thought" that the other guy might sexually assault him. It would have to be to the point where a reasonable person would assume that by the actions taken, there was no alternative other than physically defending himself. If a knife had been drawn, if the guy had pulled out a gun, or even a pair of scissors (motioning threateningly) then he would have justification. A sad little man with a feminine voice sitting on a toilet with his penis out just doesn't cut it, sorry.
Let me ask you a question. If a guy was masturbating in a girls room, and some girl saw him, felt threatened, and kicked the sh!t out of him. Do you think the jury would believe her if she claimed that she "thought" the guy would sexually assault her? Of course they would.
A knife does not have to be drawn for the woman to feel threatened. Why is one necessery for a man to be threatened? As for the little man with the feminine voice, that doesn't mean much. If you look sex offenders / serial killers, most of them are small, harmless looking, and some are even feminine in nature.
Face it, what h20 did constitutes assault. He has no proof other than his word that said homosexual did indeed masturbate while viewing him through a crack in a stall door. The fact that he left, only later to come back and physically assault the gay man will make his word about as reliable as mud. What will be seen by any jury will be a hate crime (in addition to the assault charge). The gay's attorney will argue that his client was doing nothing more than normal bathroom business when the defendant kicked in the door (unprovoked) and commenced to beat a man guilty of only being a homosexual. Believe me, with the rash of assaults on people recently based on their sexuality, I'd be hard pressed to believe that he'd be let off with anything less than jail time and punitive damages. The gay could easily get serious money for post-traumatic stress disorder, and possibly conscious pain and suffering (though this one is harder to prove).
I'm not saying he can get off easy. The fact he didn't defend himself right away when it happened could be attributed to shock, and fear. The fact he returned later to fight the guy can be attributed to him collecting his courage and realizing he had to prevent this pervert from doing this to other people.
But I'm getting distracted here.
My main point was not that he can get off easy from this charge. My point was that if the same crime happened to a woman, and she reacted the same way, she wouldn't be charged, and if she was, the public outcry would be so loud that she'd get off the hook. Whereas when a guy does it, everyone turns their back on him. It's a flawed, gender biased law, and I don't see how some people here can condemn the guy so quickly, nor do I believe that Gio is doing this because he feels "it's the right thing to do" but rather because he enjoys seeing this guy get scared from his e-threats.