If attacked after no provocation, spat on twice, kicked and punched, then retaliating with a single kick. Is the attacked acting within reasonable force?
Are their issues with health and safety due to saliva...
2006-12-12 05:01:21 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would say reasonable force would be a really strong kick with steel toe caps!
2006-12-12 05:05:11 · answer #1 · answered by cafrin100 3 · 0⤊ 0⤋
It depends, if the attack, no matter how disgusting and unprovoked has ceased and then you kick someone, that would be an assault (I know, but thats the legal interpretation) however if you kicked the person to prevent them continuing an attack then no that would be reasonable force.
Saliva does carry risks, especially if you are spat at in the face, HIV & AIDS are small, almost negligable risks, however Hepatitis can be transmitted through spitting, especially onto the eye membrane and there is a massive rise in the amount of TB carriers in the country, especially amongst the homeless and eastern european populations
2006-12-12 11:02:02 · answer #2 · answered by rick_wenham 2 · 0⤊ 0⤋
Reasonable force means, the least amount of force required to stop that person from commiting an offence, for example "stop doing that !" or hit them over the head with an iron bar, both can be classed as reasonable depending on how much danger you are in, and real danger not percieved danger, it is all relivent to the individual situation.
On the other hand, if you are 6ft 6 and built like a brick toilet and these people are 4ft 6 weaklings and you give them a kicking that may not be classed as reasonable force,as the real danger to your own safety would not justify such force
2006-12-12 05:18:06 · answer #3 · answered by sunnybums 3 · 0⤊ 0⤋
Retalliating with a single kick, if that is enough to defer the attack is quite suffiecient...
If not, then more defensive measures can be taken also...But, only use enough force, so that your attacker will "break off" the attack, and nothing more.
There "are" issues with saliva, because that can transmit live viruses or the Aides virus!
I would get checked out at the local health department to be sure!
I wish you well..
Jesse
2006-12-12 05:28:38 · answer #4 · answered by x 7 · 0⤊ 0⤋
I used to run a hostel for the homeless and had one man who was a nightmare. He was well known as a shoplifter, one night the police came to arrest him they all had white overalls on as well as face masks.
The man in question used to spit on the police when being arrested, he had hepatitis C.
Yes, you can catch a disease from someone else's saliva.
I think it depends what damage the reasonable force did, if you kicked him in the head and he received brain damage then you probably would be charged, if it was a kick that did not damage then maybe it was an involuntary action to prevent harm to your person.
If only you have been charged you can counter charge.
2006-12-12 06:01:08 · answer #5 · answered by st.abbs 5 · 0⤊ 0⤋
Saliva could contain bacteria and viruses,such as hepatitis A, B and C.
It would not pose a threat unless it entered an open wound. In other words it could enter the bloodstream if you had a raw cut, or someone bit you and punctured the skin.
As for the kick being reasonable force, I would say, "yes", but I am not a solicitor/lawyer.
2006-12-12 05:12:47 · answer #6 · answered by Anonymous · 0⤊ 1⤋
in my view yes, the other person was constantly increasing the level of violence, and reasonable to me is at the same or less level of violence that is being exerted on you, so if you are not inticing them on, and are constantly backing away i would say that a single kick in return for two is reasonable.
however, the law will ask you if there was any other way other than returning the kick, maybe you could have run away!
it also depends on where you licked them, to where they kicked you.
its very grey area
2006-12-12 05:08:06 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sounds reasonable unless the kick was to the head with hard footwear.
Unless their saliva entered your body (mouth nose etc) AND was infected with TB or HIV then it's just nasty rather than dangerous I would have thought.
2006-12-12 05:08:54 · answer #8 · answered by annie 6 · 0⤊ 0⤋
You struck back once and the attack stopped. You are allowed to defend yourself and you did just that. At no time, in the narrative here did you become the aggressor.
You can get sick from saliva. Hepatitis is just one of the nasties you can catch.............
2006-12-12 05:07:35 · answer #9 · answered by tallerfella 7 · 0⤊ 0⤋
I had a friend arrested for assault with a deadly weapon because he used his foot to kick somebody in the head. The says you can match any force used against you.
As for police officers they are allowed to stay one step above of said force.
2006-12-12 05:08:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋