Woman Suing Airline After Man Masturbates Next to Her In-Flight

Originally posted by Deja~vu
For her have a chance at a law suit she would have to prove emotional or physical damages to really get any money. I believe any jury would laugh it out of court. She got a bit embarrassed that is about it.

It would be more of a criminal act. I don't understant how it could be considered assult. That is more verbal intent to do harm. It could go under battery, but still......lol

I really doubt it would go that way

forcibly imposing your fluids on someone intentionally, particularly semen, is certainly sexual assault and will not be laughed out of court. glad to know you would fair well in a sexual assault scenario. most people however would likely not.

You can even throw a bucket of water and be charged with assault. Prolly the water from a water pistol would qualify assault as well.

I think one might sue mother nature for the rain

I changed my post.

Possible criminal - yes
Civil - I don't really think so....but if so, then lucky her.

Originally posted by =Tired Hiker=
Um . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . okay, you're right. 😬

actually, i just remembered hooters Air. So...,looks like im wrong again 🙁

The difference between assault and battery
created by Loon
(thing) by Loon (2.7 wk) (print) ? 1 C! I like it! Mon Nov 27 2000 at 7:50:19

Unknown to most people, there is a very strong distinction between "assault" and "battery" in tort law.

For the tort of assault, the victim need only have a reasonable belief that there is a threat of injury. Assault is present when any word or action intends to make another person fearful of immediate physical harm. No physical contact is necessary for assault.

Battery, on the other hand, is the unprivileged, intentional touching of another. No injuries need be inflicted. If someone playfully hugs you and you get hurt, there is battery. If, however, you give permission to the other party to hit you, and you get injured, you cannot claim battery.

Also, as assault can exist without battery, battery can exist without assault. Most times, however, these two torts are intertwined and thus these cases are tried accordingly.

Now, hopefully people won't be off and running to the courts to claim assault or battery on other people, as most courts don't hear a claim unless there actually is injury on the plaintiff's part

he should have the book thrown at him and be charged with sexual assault.

He could be. But you cannot sue in Criminal Court.

Well which court would you take sexual assault too?

well the point is that she (or the court) can press charges, but not sue for a criminal offense

Originally posted by Shelbert Lemon
Well which court would you take sexual assault too?

To prosecute him criminally would go to Criminal court. He would get a sentencing there.

If he is criminally charged then she may want to try to sue him civilly, but she probably can't prove much damage. No damages. No awards.

Originally posted by Deja~vu

If he is criminally charged then she may want to try to sue him civilly, but she probably can't prove much damage. No damages. No awards.

psychological trauma?

lets say she cant function in her day to day life (make money) she could probably turn around and sue him

just an example. im sure there are other avenues

Originally posted by Schecter
psychological trauma?

lets say she cant function in her day to day life (make money) she could probably turn around and sue him

just an example. im sure there are other avenues

and we all know how difficult it is to convince a therapist that you're not stable and need pills. (that was sarcasm my dear)

Well, she better put on her acting suit, which I'm sure she will or try too.

i dont think she would have to act. then again who knows but her. some women are tough as nails and have gone through brutal sexual assault just to pick right back up and move on. some women however would allow this incident to consume their lives. so i guess all we can do is speculate.

Another thing she would have to consider is if he is prosecuted and found guilty and sentenced to prison, how is she going to collect any money out of him if she sues him and if she wins? Well, unless he has money, or waits until he gets out. But this isn't that serious a case anyway.

The Prosecutor will up the charges, as they always do, and offer him a plea bargain and he will probably take it.

Originally posted by Schecter
some women are tough as nails and have gone through brutal sexual assault just to pick right back up and move on

Only the ones who are so ****ed up in the head that they didn't allow it to consume them because they secretly wanted it to happen.

Originally posted by Devil King
Only the ones who are so ****ed up in the head that they didn't allow it to consume them because they secretly wanted it to happen.

that is a fallacy which boggled my mind so hard that semen actually dripped out of my penis

It was a hard landing as well.

I would hardly call this event traumatic.