Posted on Jul 7, 2015
Are the battery charges against the FSU QB a failure in gender equality?
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Please watch the video before commenting. (altercation starts at 1:40) http://www.tallahassee.com/story/news/2015/07/06/video-shows-punch-that-led-to-qbs-arrest/29775149/
I'm not question whether he was right or wrong in his actions or if he should have been kicked off the team. My question is whether the legal system is undermining gender equality by holding men and women to different standards. Florida statute 776.012 states:
"A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force."
From what i saw, the woman raises her hand in a threatening manner which would lead anyone to believe that she was going to hit him. That means by grabbing her arm he was using justifiable force to prevent her imminent use of unlawful force. After she hit him once he then hit her in order to prevent her from further hitting him.
According to the law he was fully within his rights to use force in self-defense, so why was he charged? He was charged because he was a large man and she was a small woman. No where in the law is size or type of force listed. If this had been two men or two women they would have said it was self defense, yet in this situation they charged him.
If we want gender equality we should strive to make men and women equal under the law in all manners. We all grew up learning that you don't hit a woman and I strongly believe that, but the law shouldn't consider gender anymore than it should consider race when deciding to charge someone.
I'm not question whether he was right or wrong in his actions or if he should have been kicked off the team. My question is whether the legal system is undermining gender equality by holding men and women to different standards. Florida statute 776.012 states:
"A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force."
From what i saw, the woman raises her hand in a threatening manner which would lead anyone to believe that she was going to hit him. That means by grabbing her arm he was using justifiable force to prevent her imminent use of unlawful force. After she hit him once he then hit her in order to prevent her from further hitting him.
According to the law he was fully within his rights to use force in self-defense, so why was he charged? He was charged because he was a large man and she was a small woman. No where in the law is size or type of force listed. If this had been two men or two women they would have said it was self defense, yet in this situation they charged him.
If we want gender equality we should strive to make men and women equal under the law in all manners. We all grew up learning that you don't hit a woman and I strongly believe that, but the law shouldn't consider gender anymore than it should consider race when deciding to charge someone.
Gender
Equality
Posted >1 y ago
Responses: 8
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I say charge them both, and gender should not be an issue. He should be charged because he instigated the whole situation. If you watch when he first approaches the bar, he is annoyed that he cant get a spot at the bar and proceeds to force his way in by shoulder checking her. In my opinion that constitutes battery, or at the very least provocation. The female clearly throws the first punch and should be charged with battery.
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SSG (Join to see)
I disagree that he instigates it. If bumping someone in a bar is battery damn near every person in America would have a criminal record. He tries to get to the bar, the other woman there moves so obviously he said something and didn't just push his way in. The woman at the bar intentionally gets in his way and even moves to the left after the other woman makes room. She then turns around and raises her fist like she is going to hit him. If you ignore gender and look at the law he had every reason to believe she was going to use "unlawful force" and had the right to stand his ground and defend himself. That being said he is an idiot and should know better than to get in an altercation with a crazy drunk person at the bar, but nothing he did was outside the law.
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SSG Jeffery Rea
I don't think that bumping into someone is battery, I thought what he did looked more forceful and intentional than a bump, but I watched it a second time after your response, and I have to admit she does seem to be moving to block him and that's what caused the bump. I concede that from a legal standpoint not a moral one, he did nothing wrong.
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They should BOTH be charged! If you, as a woman (or transgender male/female), throw a punch (and knee combo) at a man, EXPECT to receive retaliation...as brutal as that seemed.
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SSG (Join to see)
I agree that you shouldn't throw a punch unless you are willing to get hit, but I don't see how he could legally be charged with anything. With Florida being a stand your ground state he had every right to defend himself and no legal obligation to walk away. He should have been smart enough to do so, but that has nothing to do with the legality of his actions.
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She clearly was threatening him, so he grabbed her arm. She then punches him with the other arm, and he retaliates in defense of himself. The problem here isn't Mr. Johnson, it's that a drunk moron at a bar thinks she's going to punch a high-level athlete in the face and not get one hell of a surprise coming back in her own direction.
She's a good witness and wants to testify, press charges? GTFO with that nonsense. She is the instigator and cause of the situation, as well as the acting aggressor.
She's a good witness and wants to testify, press charges? GTFO with that nonsense. She is the instigator and cause of the situation, as well as the acting aggressor.
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