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AIBU?

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Original poster

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:
anothermnuser123 · 07/02/2024 12:01

Yes, many years ago I reported someone for incredibly aggressive behaviour and aggressive driving as I was worried they were going to kill someone, he had spat at me and I hadnt even considered that assault but that was the thing he was arrested for.

SOBplus · 07/02/2024 12:02

Attempting to spit on someone is assault, actually spitting on someone is battery:

  • EXAMPLES OF ASSAULT
  • Attempting to spit on the victim
  • Miming the act of hitting, punching, or kicking the victim
  • Brandishing a deadly or non-deadly weapon in a way that suggests the victim might be hurt by that object
  • Shaking a fist
  • Making a threat or a racist comment
A victim of common assault only has to feel threatened, there is no requirement of physical contact.

WHAT IS BATTERY?Unlike assault, battery occurs when there is unlawful contact between the perpetrator and the victim. Battery is committed when someone intentionally or recklessly applies unlawful force to another person which may or may not result in injury.

  • EXAMPLES OF BATTERY
  • Pushing
  • Punching
  • Slapping
  • Spitting
  • Hurting someone with a weapon
The victim may suffer minor injuries or no injuries at all. The application of force is enough. More severe injuries caused by unlawful contact are dealt with by either ABH or GBH. This could be everything from minor scratches/bruises to broken bones.
Songiii · 07/02/2024 12:05

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.

Your step faster? That’s horrific, sorry you went through that

Babadook76 · 07/02/2024 12:10

Everanewbie · 07/02/2024 11:56

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

Comments like this annoy me as much as the term ‘press charges’ seems to annoy everyone else on mn. It is still a term widely used by police forces, I’ve had it said to me twice already this year, once for a work matter (working with vulnerable people, including offenders), plus a private one when my daughter was attacked on a bus. It basically means do you want/are you willing to give evidence. You CAN choose or choose not to ‘press charges’ despite mn insistence it’s not up to you, the police decide. It is almost always up to you as the police have no option to decide if you refuse to provide a statement or evidence. As a term it might be outdated, but it’s just being pedantic trying to pretend you don’t know what it means when someone uses it

Ihatethenewlook · 07/02/2024 12:17

Babadook76 · 07/02/2024 12:10

Comments like this annoy me as much as the term ‘press charges’ seems to annoy everyone else on mn. It is still a term widely used by police forces, I’ve had it said to me twice already this year, once for a work matter (working with vulnerable people, including offenders), plus a private one when my daughter was attacked on a bus. It basically means do you want/are you willing to give evidence. You CAN choose or choose not to ‘press charges’ despite mn insistence it’s not up to you, the police decide. It is almost always up to you as the police have no option to decide if you refuse to provide a statement or evidence. As a term it might be outdated, but it’s just being pedantic trying to pretend you don’t know what it means when someone uses it

Show quote history

It’s still a term used within the crown prosecution service. Dads worked with them pushing on 40 years now as a senior advocate. He’ll explain what you’ve tried to explain as something along the lines of ‘if you decide not to press charges then the police may still decide to press charges based on the evidence’.

Doltontweedle · 07/02/2024 12:24

Babadook76 · 07/02/2024 12:10

Comments like this annoy me as much as the term ‘press charges’ seems to annoy everyone else on mn. It is still a term widely used by police forces, I’ve had it said to me twice already this year, once for a work matter (working with vulnerable people, including offenders), plus a private one when my daughter was attacked on a bus. It basically means do you want/are you willing to give evidence. You CAN choose or choose not to ‘press charges’ despite mn insistence it’s not up to you, the police decide. It is almost always up to you as the police have no option to decide if you refuse to provide a statement or evidence. As a term it might be outdated, but it’s just being pedantic trying to pretend you don’t know what it means when someone uses it

Show quote history

It’s like when someone on here says ‘custody’ or whatever it is when they’re going through a divorce and custody battle. Everyone knows what the fuck they meant. But instead of helping, it’ll be pages of ‘OMG they’re not a possession, and there’s no such thing as custody yanno’!!! 🙄🙄 what even is the term now? Residency? 😂

cerisepanther73 · 07/02/2024 12:24

@Everanewbie

No it's not we having been watching too many American culture television
the posters on here who would press for charges on this matter issue,

It's just we myself included have something called respect for ourselves to not allow put up something getting away with shocking offensive 🙄 behaviour as Spitting which is Assault by Attacking someone using your bodily fluids as provocative weapon...

That's it...

Be interested to know if someone did that to you or a member of your family you cherished would you allow them to get away with assaulting you by Spitting at you then?
@Everanewbie

LittleGreenDragons · 07/02/2024 12:24

The others have answered the main question but I'm more intrigued by this part. How do you think someone spitting on you could have been resolved? A cup of tea and a chat? Walking away, accepting it, is not resolving the situation. That is avoidance.

Maybe there's another way to Resolve the argument. Or am I just naieve

Swizzlersandtwizzlers · 07/02/2024 12:25

OP, how else would you have dealt with it? Why would you even question her reporting it?

I remember my former flatmate was spat on in Liverpool and we had the police call around to take her jacket as evidence as they were trying to get the DNA or whatever out of it. The spit came out of a flat window when she was standing at a bus stop. She reckons they may have been aiming for her friend who was wearing a headscarf so it could also have been a racist thing. They were taking it very seriously - as they should.

I think it’s appalling the man who spat on the train staff in the pandemic wasn’t charged.

viques · 07/02/2024 12:25

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

Yes it is, as it should be. Try spitting on a police officer, your feet won’t touch the ground.

Hubblebubble · 07/02/2024 12:25

@Songiii yeah. What makes me cross sometimes is that I'll never get any type of justice. This type of assault leaves no marks and it happened years ago behind closed doors. The woman OP mentioned had witnesses thank goodness

blackpanth · 07/02/2024 12:26

Yes

OooohAhhhh · 07/02/2024 12:30

Yes 100% assault, will probably end up in court. Disgusting woman needs to learn it isn't ok. Oh she is so going to regret it. Is your friend ok since pressing charges?

LuckySantangelo35 · 07/02/2024 12:31

Of course it’s assault op.

Does anyone here think it’s not?!

LuckySantangelo35 · 07/02/2024 12:32

@spanieleyes22

how else do you think it should have been resolved op?

the vile spitter deserves to be punished

cerisepanther73 · 07/02/2024 12:33

@spanieleyes22

Totally agree with @OooohAhhhh comment

Just wondering too
🤔 if @spanieleyes22 has been supportive of her friend who was assaulted ?

Another words are you a good friend?

DistinguishedSocialCommenator · 07/02/2024 12:35

DistinguishedSocialCommenator · 07/02/2024 10:05

You are being "naeive"

I don't swear but will try and express myself without getting wound up

It's nasty, its degrading, it's disgusting, its sick, it's horrific and people like that must be locked up.

I've read a few items where this type of nasty behaviour is caught and taken to court = oh, they can't apologise enough - we all know why they are apologising

If I was a victim of this, I'd bend over back to ensure this person was up in court, no ifs, no buts. I'm a very forgiving type but I would never forgive anyone for something like this

Just wanted to add to my post having read comments by another poster here, sorry I cant recall their name but the suggestion is great

Along with what I have posted above - the shcool should ban the people responsible for coming anywhere near the school

FYI: All of us have to take what is said at face value and from what I've read - police action, then court then at the very least a fine and banned from coming near the school.

sarahc336 · 07/02/2024 12:36

Yes especially as you can transmit hepatitis in spit so yes it is classed as assault

Gobolina · 07/02/2024 12:47

I wouldn't call that assault, its something, and should be prosecuted because its disgusting, but its not assault.

TotalAbsenceOfImperialRaiment · 07/02/2024 12:53

Gobolina · 07/02/2024 12:47

I wouldn't call that assault, its something, and should be prosecuted because its disgusting, but its not assault.

Deliberately spitting is assault and would be prosecuted as assault. You can't prosecute someone just for being disgusting, there has to be a criminal offence.

x2boys · 07/02/2024 12:55

Gobolina · 07/02/2024 12:47

I wouldn't call that assault, its something, and should be prosecuted because its disgusting, but its not assault.

It would be classed common assault and possibly battery
You don't have to physically hit someone to assault them .

doilooklikeicare · 07/02/2024 12:56

Gobolina · 07/02/2024 12:47

I wouldn't call that assault, its something, and should be prosecuted because its disgusting, but its not assault.

What would the prosecution come under. If not assault?

boopboopbidoop · 07/02/2024 12:58

How do you prove it happened?

QueenBean22 · 07/02/2024 13:01

Yeah it’s assault.

Can you imagine if this had happened in 2020 she would have been lynched dirty cow

QueenBean22 · 07/02/2024 13:04

Gobolina · 07/02/2024 12:47

I wouldn't call that assault, its something, and should be prosecuted because its disgusting, but its not assault.

https://www.askthe.police.uk/view-category/?id=e9fb8a15-6ad2-eb11-bacb-000d3ad57443#:~:text=Q145%3A%20Is%20spitting%20an%20assault%3F&text=In%20most%20cases%2C%20spitting%20at,spat%20at%20another%20person%20nearby.

Is spitting on someone an assault