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Should you be arrested for fighting a drunk person, even if they "started it"?

Posted on 5/2/21 at 5:51 pm
Posted by Kujo
225-911-5736
Member since Dec 2015
6015 posts
Posted on 5/2/21 at 5:51 pm
We know that if you have sex with somebody, even though they appear to want it, you're committing sexual assault on them because a drunk person can't give consent.

But if some drunk loudmouth is saying "come on I want to fight you" are you actually assaulting them if you fight them?

Can a drunk person give consent to having their face smashed, but a drunk person can't give consent to having their______ smashed?
This post was edited on 5/2/21 at 5:54 pm
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71365 posts
Posted on 5/2/21 at 5:53 pm to
Intoxication is irrelevant.

You can get nailed for assault if you meet at Sonic.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65931 posts
Posted on 5/2/21 at 5:53 pm to

No. Like, when a guy is drunk and he resists arrest. He's totes good.
Posted by 50407Tiger
Member since Oct 2019
1227 posts
Posted on 5/2/21 at 5:59 pm to
Drunk people always should have a pass until they sober up, then if they want to fight then go ahead. Same with your other scenario, if she sobers up and still thinks your worth it then go ahead. But we all know, you’re not worth it at that point.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
6819 posts
Posted on 5/2/21 at 6:00 pm to
Idk, but I fricked up a drink the other night. Punched me randomly and I shoved him back in reaction. Then lunged at me with another punch. I grabbed his arm and pulled him past me while tripping him on the way. Face planted and curled up in a bawl after that. I said are you alright, and he said leave me alone. No idea what happened after that, I left.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9543 posts
Posted on 5/2/21 at 6:59 pm to
You have a right to defend yourself. You do not have a right to crack some dude’s skull because he said something mean to you. That goes for everyone, drunk or sober.

If some drunk guy gets belligerent, he shoves you, you clock him, and then you leave without anyone getting seriously hurt - you’re not going to jail unless the police see it happen.

If some drunk guy takes a swing at you and you knock him down in self-defense, giving him a concussion - you’re probably not going to jail.

If some drunk guy is so far gone he can barely stand, you get into a heated argument, he swings and misses, falls on the ground, and then you curb stomp him American History X style - yeah, you’re probably going to jail regardless of who started it.

It’s all relative. But it’s more a question of how much of a threat he poses than a question of whether he can make rational decisions.
Posted by The Boat
Member since Oct 2008
164339 posts
Posted on 5/2/21 at 7:00 pm to
It depends on how short his skirt is
Posted by GoldenGuy
Member since Oct 2015
10897 posts
Posted on 5/2/21 at 7:09 pm to
Probably state dependent.

Pretty sure in Texas if both people openly state they’re going to fight, and there isn’t a sucker punch, it’s on like Donkey Kong.
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