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Old 11-04-2006, 08:30 PM   #1 (permalink)
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Is this really assault?

My brother and his girlfriend recently broke up. They attend the same martial arts class. During a sparring class, they were paired to spar. While sparring in front of entire class, my brother landed a kick to x-girlfriend's head. Teacher stopped asked if she was ok, she said she was fine. Brother asked again after class if she was ok, she said yes. Next day x-girlfriends mom calls my brother at work and tells him they are filing criminal assault charges against him. Could that really be considered assault? Should he be worried about it?
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Old 11-04-2006, 08:38 PM   #2 (permalink)
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Quote:
Originally Posted by pnutks
My brother and his girlfriend recently broke up. They attend the same martial arts class. During a sparring class, they were paired to spar. While sparring in front of entire class, my brother landed a kick to x-girlfriend's head. Teacher stopped asked if she was ok, she said she was fine. Brother asked again after class if she was ok, she said yes. Next day x-girlfriends mom calls my brother at work and tells him they are filing criminal assault charges against him. Could that really be considered assault? Should he be worried about it?
No. It was done in class, and done as part of a lesson.

Momma Bear is spinning her wheels.
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Old 11-05-2006, 04:42 AM   #3 (permalink)
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Thanks

Thank you. That is what I thought.
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Old 11-05-2006, 05:10 PM   #4 (permalink)
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lsulaw

It really depends on if anyone finds out he was mad at her. They could say he did it in anger. It ll be up to a judge.
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Old 11-05-2006, 06:07 PM   #5 (permalink)
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Quote:
Originally Posted by lsulawschool
It really depends on if anyone finds out he was mad at her. They could say he did it in anger. It ll be up to a judge.

Oh, please. You don't know what you're talking about. If they were sparring, as our writer said, then it's part and parcel of the turf. You need to read about the difference between "primary" and "secondary" assumption of the risk. There is no duty of care to eliminate or protect against dangerous conditions that are an integral part of the sport or occupation itself.

Stay off of my threads.
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Old 11-06-2006, 05:45 AM   #6 (permalink)
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Quote:
Originally Posted by Westside Law
Oh, please. You don't know what you're talking about. If they were sparring, as our writer said, then it's part and parcel of the turf. You need to read about the difference between "primary" and "secondary" assumption of the risk. There is no duty of care to eliminate or protect against dangerous conditions that are an integral part of the sport or occupation itself.

Stay off of my threads.
[COLOR=Magenta]I suspect if they were playing checkers and he physically came in contact with her and she sustained an injury, the claim might have merit. But, an activity like judo or karate? Oh, please.

I suddenly had this image of dozens of professional football players lining up at their respective attorneys offices on Monday after the super bowl, deciding on who exactly to sue.

I suspect there is more to the original question than is being told.[/COLOR]
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[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
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Old 11-06-2006, 08:16 AM   #7 (permalink)
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Gracie:

Regarding the "other", now deleted, thread . . .

I received the message that you responded, including your response. It wasn't a matter of "a gauntlet so rapidly seized after being thrown down!!". Rather, it was a matter of coincidence between your post and my response to it. I had already been working on a response to that thread when you wrote. I first write them in a word processor, and when complete, I copy and paste into the thread.

Nice to have you around!
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Old 11-06-2006, 12:02 PM   #8 (permalink)
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Quote:
Originally Posted by Westside Law
Gracie:

Regarding the "other", now deleted, thread . . .

I received the message that you responded, including your response. It wasn't a matter of "a gauntlet so rapidly seized after being thrown down!!". Rather, it was a matter of coincidence between your post and my response to it. I had already been working on a response to that thread when you wrote. I first write them in a word processor, and when complete, I copy and paste into the thread.

Nice to have you around!
I have to admit I laughed aloud when I hit "submit reply" and saw that subject line ( I'm sure you will remember what it was!!) juxtaposed by "Posted by GENTLE GRACE". What a bizarre visual. ::shudder::

Thank you for the welcome--my "around" is happy to be here. I enjoy your postings and read every one.
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To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
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Old 11-06-2006, 01:17 PM   #9 (permalink)
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The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section (Assault), (Aggravated Assault), (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury; or

(2) the victim knew the conduct was a risk of:

(A) his occupation;

(B) recognized medical treatment; or

(C) a scientific experiment conducted by recognized methods.
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Old 11-06-2006, 05:45 PM   #10 (permalink)
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No that is the story

That is pretty much the story. The break up was mutual. Seemed there were no hard feelings. Things were going well. Brother thinks its a pride issue with X maybe. She is a black belt, and he is only a green belt. His guess is she was mad and embarassed, went home to mom and cried, mom got mad. There were plenty of witnesses. Everyone concurs with what happened. Seems trivial I know. But some people fly off the handle for dumb things.
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