Are the battery charges against the FSU QB a failure in gender equality?

2015-07-07T22:00:39-04:00

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.

Response by SGM Matthew Quick made Jul 7 at 2015 10:07 PM

2015-07-07T22:07:47-04:00

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.

Response by SSG Jeffery Rea made Jul 7 at 2015 10:45 PM

2015-07-07T22:45:55-04:00

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.

Response by COL Charles Williams made Jul 7 at 2015 11:21 PM

2015-07-07T23:21:12-04:00

I don't get the gender equality issue... But I am old... Guys don't hit women... period... But, I agree with the others who commented... both should be charged...

Response by MSG Private RallyPoint Member made Jul 8 at 2015 7:44 AM

2015-07-08T07:44:10-04:00

I would have her arrested and charged with battery as well

Response by LCDR Private RallyPoint Member made Aug 10 at 2015 6:17 PM

2015-08-10T18:17:50-04:00

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.

Response by MSgt Curtis Ellis made Aug 24 at 2015 10:19 PM

2015-08-24T22:19:27-04:00

This is a difficult one as I understand the law, and by the law, she assaulted him, so, per black and white, he should walk, she should have been arrested for assault... or arrest them both... however... Did he really have a need to defend himself, as in, was he really in fear he was going to get his a$$ beat, or was the retaliation more of a "I'm not letting this b***h get away with this!!!" ego response? And if that's the case, then there is an issue... It's like him going up against an 6 year old because the 6 year old swung on him. By law, can he retaliate? Of course! But is there a need to defend himself? No, neither is it right... I'm not justifying what she did, as I do believe if a woman wishes to swing on a man, then it's on... But just because it's legal to retaliate doesn't make it the right thing to do in every case. He would have been smarter to call the police and had her detained on the first swing, as you and I both know he could have stomped a mud hole in her, but he didn't. He hit her just enough to "prove a point" then walked off, and the only reason this is an issue? Why he decided to do what he did? Good ol video... Didn't know he was being filmed and he didn't think he was going to be caught... Otherwise no one would care less... I believe he should be charged as he wasn't protecting himself, just his ego and any male watching this video knows this... Now proving it? Well, that's another matter...

Response by SGT Jerrold Pesz made Aug 24 at 2015 11:01 PM

2015-08-24T23:01:26-04:00

She instigated it but nothing good ever comes from punching a woman. He should have known better.

Response by SPC David Willis made Jan 4 at 2018 10:38 AM

2018-01-04T10:38:21-05:00

Nah, men shouldn't hit women period dot end of story. Sorry FSU QB but if your pussy ass feels so threatened by a tiny woman footballs not for you...