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I Was Assaulted At Work


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#21 KlaineyGStudy

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Posted 13 June 2019 - 05:58 PM

View PostMrsFrootloops, on 13 June 2019 - 04:48 PM, said:


I poked myself in the eye a few times in my life, does that count as assault?

Lol, no that wouldn't. I think everyone would agree sometimes that is acceptable human behaviour, that we inflicted on ourselves.
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#22 True North

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Posted 13 June 2019 - 06:19 PM

View PostNightWalkerGStudy, on 13 June 2019 - 04:50 PM, said:

The fact that the driver did this to someone at a place of work while he was on the clock himself was out of line to begin with. Technically, I would have been terminated if I were to even touch him just to get his hand off of me.

What's your point? Read my first post; I agree with you that the driver grabbing your bicep and threatening to get you in trouble was 'out of line'. That doesn't make it assault.

#23 Vlawde

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Posted 13 June 2019 - 06:54 PM

You know, we're just arguing semantics here, the dude was out of line, grabbed and threatened NightWalker. Whether you call it assault or someone simply being an a@@hole doesn't change the event
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#24 True North

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Posted 13 June 2019 - 11:38 PM

View PostVlawde, on 13 June 2019 - 06:54 PM, said:

You know, we're just arguing semantics here, the dude was out of line, grabbed and threatened NightWalker. Whether you call it assault or someone simply being an a@@hole doesn't change the event

Calling this assault promotes the idea that what this a@@hole did was criminal, and leads to the slippery slope of criminalizing ever more minor physical contact and social infractions. Basically, the 'pussification' of society. Years in the future you brush shoulders with a co-worker and end up doing time, or an innocent a@@ pat you gave your girlfriend last week (which she just decided today, after yesterday's breakup, made her fear for her life) costs you everything you own in damages. Destitute, sleeping in the alley behind the condo where you used to live, you wonder how things came to this and reflect on the slippery slope, remembering the part you played, remembering all the increasingly trivial 'run ins' people would categorize as assault and all the times you nodded in agreement.

lol

#25 EVP

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Posted 14 June 2019 - 01:54 AM

Maybe this will put it to rest. Depending on the state, assault and battery may have it's own meaning or be grouped as assault. Battery is non-consensual contact.

To be completely applicable, this comes from "The Law Of Illinois" where NightWalkerGStudy resides and works. Whether it fits ones personal definition or not doesn't matter. The court would decide the outcome fought by lawyers and ruled accordingly.

What is Assault in Illinois?

Assault – 720 ILCS 5/12-1 (effective 2011) The crime of assault, pursuant to Illinois statute, occurs when a person engages in conduct that places another person in a reasonable apprehension of fear. Illinois law does not require you to have physically harmed someone to be charged with the crime of assault Aurora, IL. Someone can be charged with assault for engaging in conduct such as raising a hand or fist to another or pointing a weapon or dangerous object at someone in a threatening manner.

What is the Penalty for Assault in Illinois?

Pursuant to Illinois law, simple assault is a Class C misdemeanor. If you are charged with assault, the possible punishment can range from no jail time to a maximum of 30 days, a fine not to exceed $1,500.00, or both jail time and a fine, plus the court must impose, on anyone convicted of assault in Illinois, a minimum of 30 community service hours but the maximum number of community service hours which the court can impose is 120.

There you have it. The driver could have been charged with assault and possibly battery. Those willing to argue the act not fitting a charge of assault could or would find themselves liable to a criminal charge "by the law" in the state of Illinois. As to the outcome if fought in court, no one can say but by definition it could rule against the truck driver. A good lawyer might have it ruled with reduced charges.

This comes courtesy from the following page:

https://mottalawfirm...ssault-battery/

A note to NightWalkerGStudy - You're non-reacting response was merit-able and mature. Thank you for being upstanding in the situation.

Edited by EVP, 14 June 2019 - 03:04 AM.


#26 KlaineyGStudy

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Posted 14 June 2019 - 02:47 AM

We have all shared our thoughts about the wording, so let's all agree to disagree!

The key objective we all agree on was the truck drivers behaviour!
It was inappropriate, unwelcome and unwarranted; which is the important thing!

Oh, yes, and he won't be returning to the yard! That's another important factor!
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#27 PIT leader

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Posted 14 June 2019 - 02:59 AM

I think the biggest factor on if you'd report an incident is how well you know someone. If a friend jokingly pushes you, then you're not going to think it's assault as it's a joke. However if it's a stranger and an angry one at that (like in this instance), then it has more threatening connotations. I think the 2 questions to ask to consider if something crosses a line are "Did I feel threatened?" and "Will that person do that again?"

True North, while I agree that society is getting a lot touchier and a recent public movement has really riled people up, I still hope that common sense will prevail. I'm sure juries will still weigh up the stories and contexts in any cases. Even when reading stories of accusations about celebrities, I think most readers would agree that for example, someone brushing up against somebody (which may be misconstrued) is trivial compared to the nastier incidents that a few are accused of lately.
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#28 True North

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Posted 14 June 2019 - 03:24 AM

Basically, if charges were pressed and fought, whether or not the complainant's "apprehension of fear" was "reasonable" would be contested.

I think such fear in this case (according to the story NightWalker shared) is unreasonable due to the nature of the verbal threat that was made, the wording of which is commonly understood in the workplace to mean "I'm going to speak to management (etc) about you".

#29 KlaineyGStudy

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Posted 14 June 2019 - 04:16 AM

It seems there could be more to the story since NightWalker stated he would make a long story short, and his co-worker wanted to call the police after witnessing the altercation.
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#30 LouczarGStudy

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Posted 14 June 2019 - 05:42 AM

IMO if someone who is acting aggressive and who is not a friend of mine grabs me in any way or even touches me in a way that could be deemed aggressive is a form of assault.  just my .02 worth.

Then again I live in Texas and there are quite a few of us who have our concealed handgun license.  You start acting aggressive towards someone may get yourself shot!
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#31 NightWalkerGStudy

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Posted 14 June 2019 - 08:17 AM

View PostMrsFrootloops, on 13 June 2019 - 04:53 PM, said:


The dude would of probably took you to court if you touched him, he would of probably claimed that you slapped the heck out of him, and he did nothing. People are like that.

Exactly!  That's why I barely moved.  Who knows if he had a weapon on him, also.
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#32 True North

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Posted 14 June 2019 - 08:23 AM

Really, when I think about it, it's not the criminalization of increasingly trivial human interactions within the justice system I'm worried about, but their 'criminalization' in the minds of people - i.e. within the court of public opinion, where I see accusations alone – no proof required – ruining reputations, careers and lives by essentially weaponizing outrage. In court, claims have to be proven, but in the court of public opinion it too often is 'guilty until proven innocent', thus incentivizing the irrational or dishonest to throw around all manner of imagined, false, or trumped up accusations to garner attention or unmerited sympathy, or do so for financial gain.

#33 MacCionoadha BeanSidhe

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Posted 14 June 2019 - 02:25 PM

View PostTrue North, on 14 June 2019 - 03:24 AM, said:

Basically, if charges were pressed and fought, whether or not the complainant's "apprehension of fear" was "reasonable" would be contested.

I think such fear in this case (according to the story NightWalker shared) is unreasonable due to the nature of the verbal threat that was made, the wording of which is commonly understood in the workplace to mean "I'm going to speak to management (etc) about you".

Normally, I wouldn't get involved with this type of "debate", but NW felt threatened by this man, was verbally threatened, and he was touched in anger. So, I feel he was very well justified to call this incident as an assault!

Edited by MacCionoadha BeanSidhe, 14 June 2019 - 02:26 PM.

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#34 NightWalkerGStudy

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Posted 15 June 2019 - 01:34 AM

Sorry everyone, I'm only getting a few posts at a time.  My phone just now let me see the posts from the 13th.  I want to say I appreciate everyone's feedback, but I think this thread got a little out of control...  Lol yes, let's all just agree to disagree.

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#35 WhispersInTheAttic

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Posted 20 June 2019 - 02:18 PM

I'm late to reading this but I just wanted to let you know that I'm glad your okay. :)

~safe hugs~

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#36 NightWalkerGStudy

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Posted 21 June 2019 - 04:03 PM

View PostWhispersInTheAttic, on 20 June 2019 - 02:18 PM, said:

I'm late to reading this but I just wanted to let you know that I'm glad your okay. :)

~safe hugs~

Thanks, Whispers!  :)
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