Is spitting on someone an assault

[spanieleyes22]

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

You're naïve on several counts, yes. She isn't 'pressing charges', it is assault and your 'on the other hand I've never had to call the police' doesn't make sense.

No actually you can’t choose.

obviously if you decide not to make a statement, appear in court, or otherwise give your side as a victim, the case is significantly weaker and chances are the CPS won’t have enough to proceed.

however if there’s enough evidence without your cooperation, the CPS can and will charge.

it means cases such as domestic abuse or coercive control, rape etc can still be prosecuted even if the victim can’t or won’t give evidence.

you cannot decide whether a suspect is charged. That is the CPS.

in the US I believe people can be charged, appear in court etc purely because the victim wants to.. This is “pressing charges”. And on the same note, the victim can drop it and the suspect cannot be pursued.

@Gobolina

If you don't class it as assault the act of Spitting then,
Why would someone like yourself then bother to report it to the police then?

After in your opinion its only a physically a provactive act,
thats not even worthy of being consirded as assault,
then even though spit can contain Covid and hepatitis and HIV,
which can be potentially life threatening to an individual with low immune system issues ect,

wasnt there a case in lockdowns in which a member of British rail staff was spat on and died from Covid cause of it, leaving her children motherless?

Yes.

it’s disgusting.

As mentioned in my earlier post I accept I was being pedantic, but "should I press charges?" is inaccurate terminology and may lead to confusion. Better to ask whether "I should make a complaint to the Police" then no one gets confused.

It’s also where the police get stick for not charging, as it implies the decision to charge is with the victim, and the police overrule victims and only “press charges” if they choose. Increasing the mistrust in police for not doing what is perceived as their job*

when in fact the only decision around someone getting charged is if the CPS deem they have enough evidence to prove the charges. It’s the CPS that decide whether to charge, not the victim or the police.

• not saying the police don’t drop the ball on the evidence gathering etc, but it’s not unknown to present a good case to the CPS and them decide not to charge because they aren’t confident of a conviction, or simply “not in the public interest”.

Yes I'm 100 %supportive I was totally shocked and disgusted that that would happen in a safe space, the kids school. I'm glad she called the police. I'm just worried she will be further victimized and targeted as the woman who did it has a lot of friends and will make even more trouble. I don't see he they can stop her or her husband coming into the school cos their kid or kids go there

OP are you the spitter?

I was just wondering if it would cross into battery because of there being some kind of contact made?

Yes it's assault. Its bodily fluids, unhygienic, diseases can be passed this route, 😢 you get someone with a disease that survives in saliva then you're potentially at risk from that disease. Also its absolutely f disgusting 🫣

Its a criminal offence

IMO spitting is worse than punching. It's absolutely disgusting

Spitting AT SOMEONE is Common Assault by Battery and is dealt with under Section 39 of the Criminal Justice Act 1988. The maximum punishment is 6-months custody (unless the victim was an emergency worker or the offence was aggravated by racial/religious factors).

The only real defences to Common Assault by Battery are that it never happened (or it was someone else), it was accidental, it was in self-defence, it was under duress, or there was consent from the victim.

Yuck! So glad they're pursuing it.

Out of curiosity, what exactly did the man do? Was he standing next to your friend and coughed randomly and your friend perceived this to be on her?

Or did he literally turn to her face, close up, and cough?

Spitting at someone comes under Common Assault.

However, in cases where the offender knew they were likely to infect or intended to infect the victim by spitting on them, it could come under GBH.

It is not going to go down well that this happened between parents/adults at a school.

Hopefully the head is aware and will ban them from the premises or make arrangements so they have to attend separately for drop off and pick up.

Just to add, I recommend this website to the OP @spanieleyes22 and some pps:
Assault – Sentencing (sentencingcouncil.org.uk)

Obviously, it also depends on your friend's part in it before she was verbally attacked and spat at, what was said and done by all parties, what any witnesses have to say @spanieleyes22 and previous behaviour. Did any children or staff witness it too? It takes a certain kind of person to spit at someone, especially at another mother at school, and so I do think you are being naïve in thinking your friend might have over-reacted in reporting it to the police. I wonder whether this woman's friends will still support her after the spitting.

Good on your friend
Spitting at/on someone is degrading and disgusting abd absolutely shouldn't be dismissed

We had two mums scrapping in the playground i think when the kids were in y2 they were banned from site and had to pick up their kids from different playground entrances for a very long time so perfectly possible

Yes it’s assault. It’s disgusting. Personally I’d rather be slapped than spat at. There is something particularly humiliating and viscous about spitting at someone.

Police here....yes its an assault. Well technically a battery. Let the police know. Its fucking disgusting.

Except that in the eyes of the law it is. I have people on probation right now for spitting at someone who are convicted with common assault and battery.

It was taken much more seriously during Covid, I have a lady that went to prison for spitting at a shop worker during Covid. But it would not be anywhere near a section 18 assault!

For a first offence, with no aggravating factors, the conviction would most likely be a community order.

No ifs, not buts, it is what it is, a disgusting assault IE criminal offence.

It’s technically assault and battery.