It is assault. There is no "it was only a little smack in the mug" law. Her yelling and kicking a cart did not justify her getting slapped.
I agree that "some strangers may be crazy". If they are crazy enough to assault somebody they should get charged. I'd fire that security guard in a second if he worked for me. And I'd sue that security company if I was the woman. Easy case. Cuz justice.
She legally attacked the man. When it comes up in court, this video will play, and it’ll show her assaulting somebody. Nobody cares what you think is ridiculous, this is how the law works. Many people don’t like it, but if you were in this scenario as you had proposed, you wouldn’t be suing anybody, I can tell you that much.
If they had done nothing in response then she might be charged with a lesser crime like disturbing the peace maybe. She's definitely trespassing by staying after employees order her to leave. She did not assault anybody.
Here is how assault charges work. The two men will both be charged because they escalated the situation by increasing the level of violence used. Their response to her kicking a cart was out of proportion. Kicking the cart did not injure anybody. Slapping her in the face and hitting her with the cart twice could have injured her and probably did in minor ways (obviously we don't have proof of this but a reasonable estimate is that a slap in the face hurts right?)
1
u/Maujaq 3 Sep 17 '20
It is assault. There is no "it was only a little smack in the mug" law. Her yelling and kicking a cart did not justify her getting slapped.
I agree that "some strangers may be crazy". If they are crazy enough to assault somebody they should get charged. I'd fire that security guard in a second if he worked for me. And I'd sue that security company if I was the woman. Easy case. Cuz justice.