Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83 based; site houxf.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!harvard!talcott!panda!grkermi!genrad!decvax!bellcore!sabre!zeta!epsilon!gamma!ulysses!mhuxr!mhuxt!houxm!houxf!9234dwz From: 9234dwz@houxf.UUCP Newsgroups: net.women Subject: Re: Last night Message-ID: <909@houxf.UUCP> Date: Mon, 10-Jun-85 13:47:01 EDT Article-I.D.: houxf.909 Posted: Mon Jun 10 13:47:01 1985 Date-Received: Sun, 16-Jun-85 04:44:13 EDT References: <1557@reed.UUCP> <704@burl.UUCP> <441@rtech.UUCP> <2775@nsc.UUCP> <186@kontron.UUCP> <785@mtgzz.UUCPRe: Last night Organization: AT&T Bell Labs, Holmdel NJ Lines: 38 --> -->Legally, assult involves touching another person. -->If you don't touch them, you haven't assulted them. --> 1) Not so, yelling a threat is assault ! If the threat is followed up then the action is "assault & battery". -->Yelling at someone is a disorderly persons offense. -->If repeated, it becomes harrassment. --> 2) Agreed, if what is yelled is not of a threatening nature (see 1 above). --> -->Dale I don't recall what Ellen stated the drunk shouted so I can't say whether 1) or 2) applies. Unfortunately with the criminal justice system as it is, even if the police filed an assault charge against the drunk in all probability the DA would probably accept a guilty plea on a reduced charge(disorderly conduct). This is all assuming that they'd even prosecute on the basis that it's one persons word against another. I doubt that the above would be a satifactory conclusion to the case for Ellen or any other person in her position. However I don't claim to know the answer, perhaps a similar group to MADD would be a start(one may exist and if it does we should help expand awareness of it's presence and it's aims). Dave Peak @ !hotel!dxp "My buddy..................Buddy Bear !" - Jimmy Buffet