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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is spitting on someone an assault

118 replies

spanieleyes22 · 07/02/2024 09:07

This happened to a friend in her kids school. She called a man out for coughing in her face and the man's wife verbally attacked her and spat on her . She called the police and is pressing charges. On one hand I think fair play to her it was horrible
Disgusting behavior but on the other hand I've never had to call
The police for anything. Maybe there's another way to
Resolve the argument. Or am I just naieve

OP posts:
defiant2024 · 07/02/2024 10:16

Yes. It's assault..

Kedece · 07/02/2024 10:16

Universalsnail · 07/02/2024 10:06

Yes it's assault. I'd press charges too.

You csnt press charges in this country. You report it to the police who submit a case to the CPS/Fiscal and they decide if it proceeds

DistinguishedSocialCommenator · 07/02/2024 10:20

Dinoswearunderpants · 07/02/2024 10:09

You'd be weak to not do anything in response. They absolutely did the right thing by calling the police. I would have slapped the women. Utterly disgusting behaviour and at a school too. Those poor kids.

Hello. I agree with most of what you said, but personally, I would not have hit back as 2 wrongs never make a right. By all means if possible to self defend do so. However, the number of times low lives utter bs in their mouth as they walk past, push past, jump a queue etc - I have to ignore as messing with them is a lose, lose lose situation as these types often have nothing to lose where I have everything to lose,

It is an assault and nothing less. Press and push for charges and trust me people who behave like this only understand once caught and charged and court, hopefully.

burnoutbabe · 07/02/2024 10:29

Hereyoume · 07/02/2024 10:01

An assault is

"Any action, deliberate or reckless, which causes another to apprehend immediate fear or unlawful injury or violence"

There doesn't have to be any physical contact to commit assault. That would be "battery"

So yes, spitting is technically an assault.

I'd say this is more battery. Unwanted physical contact/application of force. Which does not have to cause harm.

Someone cutting someone's hair was considered battery.

The police agree it's battery (which is part of the assault offence. But strictly assault is when you fear (or apprehend) imminent violence so not strictly the right offence without more occurring)

www.askthe.police.uk/view-category/?id=e9fb8a15-6ad2-eb11-bacb-000d3ad57443#:~:text=Q479%3A%20What%20is%20battery%3F&text=Battery%20is%20an%20act%20by,pushed%2C%20grabbed%20or%20spat%20at.

TooOldForThisNonsense · 07/02/2024 10:32

Yes it is and in some circumstances can be life threatening eg if they knew they had a serious medical condition that can be passed on in that way. Eg Covid

burnoutbabe · 07/02/2024 10:34

S18 is gbh!

cerisepanther73 · 07/02/2024 10:40

@spanieleyes22

Of course it bloody is, !

Just think 🤔 of the potential health disorders contained in spit such as HIV and Covid ect,

and the invasive nature of someone inflicting their personal bodily fluids onto you,

cerisepanther73 · 07/02/2024 10:44

@DistinguishedSocialCommenator
🤔

Love ❤️ your sageful advice comments...

LadyMacbethWasMisunderstood · 07/02/2024 10:47

It is most definitely assault in common law. It is recognised as such. Your actual post though seems to be asking something else, like whether there would have been a different way to resolve things. Once police are involved they might look at a caution or restorative justice. The alternative would have been just to ignore it as I cannot imagine that the sort of woman to spit in another mother's face is the sort of person one could have a reasonable conversation with. Some people would have ignored it but I do not think that she should have to.

BarbieDangerous · 07/02/2024 10:49

If someone spat in my face, I think my hand would automatically connect with their face. She definitely did the right thing in calling the police and pressing charges. What would you suggest she did?

LadyMacbethWasMisunderstood · 07/02/2024 10:50

It is definitely not a s.18 (which is grievous bodily harm) or even an ABH (actual bodily harm) unless actually harm has followed, which is technically possible but unlikely and there is no evidence of that.

The most likely charge in court would be common assault but if the woman is of previous good character and accepts it the police might offer a caution.

MissRheingold · 07/02/2024 10:50

How awful. I would rather someone punch me than spit on me!

MrsSkylerWhite · 07/02/2024 10:52

Yes of course it is. Can spread all sorts. Severe penalties in Singapore for spitting on pavement, let alone in someone’s face.

Disgusting. Who TAF does that?

Hubblebubble · 07/02/2024 10:54

My SF used to spit at me. Once he shouted at me for wiping the spit off my face, saying what are you too good for it? I'd echo PPs, it's about causing humiliation. Good on her for reporting it to the police. Its disgusting behaviour.

cerisepanther73 · 07/02/2024 10:57

@spanieleyes22

The fact that you are asking this very question and you think 🤔 there could be another way to resolve this issue that your friend has experienced which is definitely Assault,

Makes me think and screams 😱 out loud you must have serious low self esteem issues if your own

Do you seriously think can have a reasonable chat with people like that,?

Who attack someone by spitting and don't have good manners to put their hand by their mouth to cough then?

Then you have obviously lived a sheltered life 🙄 or something.

x2boys · 07/02/2024 10:58

I think it would come under common assault
However assuming you are in England your friend can't press charges that's up.to the CPS.

Babadook76 · 07/02/2024 10:59

Of course it’s assault. Like lots of pp have said, I’d rather be hit than have someone spit in my face. Also I’m not sure if this was just hyperbole, but I read a few times during covid that spitting in someone’s face during a pandemic was being classed as an act of terrorism. Either way it’s not a tribal thing, whether it’s caused physical harm or not

saraclara · 07/02/2024 11:01

I worked with children who had severe behavioural issues. I got physically hurt regularly. But spitting? That was the nuclear option, and certain kids knew it.

I and my team could deal with the injuries, but not a single one of us could bear being spat at, particularly on the face, and managing our own responses to it in front of the spitter was very difficult.

IAmAnIdiot123 · 07/02/2024 11:06

It's absolutely feral behaviour! It shows a complete lack of disrespect to intentionally spit on someone. I would report this too, it's disgusting and the woman who did it should be ashamed of herself.

LutonBeds · 07/02/2024 11:08

burnoutbabe · 07/02/2024 10:34

S18 is gbh!

Like I said, I’ve no idea but at the time of the spitting on the railway worker, a lot of my ex-police colleagues said it would be S18. Unless that was because she died and so the charge would be different.

Scramblelina · 07/02/2024 11:11

It comes under common assault and the police will press charges if possible. It happened to me and the scumbag that did it was sentenced to 16 weeks (my assault was bundled up with several other charges).

Whoopaday · 07/02/2024 11:12

Of course it’s assault and police

JustWhatWeDontNeed · 07/02/2024 11:17

Spitting is absolutely vile and most definitely assault. I'm glad it's being pursued and I would have no interest in resolving it any other way than via the police. I can understand having the urge to hit someone when you're angry. I cannot fathom opting to spit at someone.

I'd also be wanting the school to not allow these people on their premises, but don't know how likely that is.

Everanewbie · 07/02/2024 11:56

All this press charges talk from posters! We've collectively been watching too much American tele.

SOBplus · 07/02/2024 12:00

Actually its battery.

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