this post was submitted on 11 Nov 2024
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[–] HelixDab2@lemm.ee 64 points 3 days ago (38 children)

This is not correct. Do not do this.

"Your body, my choice" does not rise to the level of an imminent threat of violence or lawless behavior. It's certainly not "fighting words" as defined by SCOTUS. Without an immediate threat of violence, you do not have a legal right to use physical force. Even in states with 'make my day' laws, this is absolutely not something you can respond to with violence.

I am not an attorney, I am not your attorney, and I would strongly suggest that you consult with a competent criminal defense attorney before you take this course of action.

[–] Fuzzy_Red_Panda@lemm.ee 5 points 3 days ago (4 children)

I understand what you are saying.

But anyone saying that to women is a clear threat and I will defend myself against anyone saying this to me and not accept this rising level of violent speech.

[–] HelixDab2@lemm.ee 4 points 3 days ago (1 children)

Force can only legally be used against imminent threats. (This, BTW, is why women tend to get convicted of murder when they kill their abusive partners; they tend to do it at a time when their partner is not harming them.) Even if you are positive that someone intends you great bodily harm or death, you can not use force legally until the moment arrives when they are trying to cause that harm. You can not pre-emptively self-defend.

If you use lethal force in the absence of an imminent, immediate threat of great bodily harm or death, it is highly likely that you would be arrested, charged, and convicted.

[–] absentbird@lemm.ee 5 points 3 days ago (2 children)

Indeed Inspector HelixDab, that is the letter of the law.

That said, anyone who says that to a woman deserves to have their balls kicked it, regardless of the legality. Laws are largely written to maintain order and uphold the status quo, they are not a divine tool for determining morality or justice; Rosa Parks broke the law by sitting in a part of the bus reserved for white people, but in retrospect that was a vital act of resistance.

Tolerance of patriarchal domination does not make for a more just society, it only makes things worse. Knee those balls if you can get away with it.

[–] HelixDab2@lemm.ee 4 points 3 days ago

Knee those balls if you can get away with it.

And that's the real trick. You might be able to get away with it, if they're embarrassed to have been taken down by a woman. But since it's probably a person that's known to the woman (this isn't really something that even the worst people would just randomly say to someone on the street, I don't think), the man might come back with intent to actually cause immediate harm. Or might call the cops, and then you're right back to potentially getting arrested.

Yeah, I agree 1000%, the people doing this deserve violence. But 'deserving' something doesn't mean that the law won't come down on you like a ton of bricks. It's frustrating as shit.

[–] the_crotch@sh.itjust.works 0 points 2 days ago

That said, anyone who says that to a woman deserves to have their balls kicked it, regardless of the legality.

Who benefits from the woman doing time for assault? Not her, that's for sure.

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