“He assaulted me! “, a man yelled to staff members of the Washington DC Metro Transit Authority (Metrorail) rail service and loud enough to get the attention of everyone else entering the metro station. He appeared to be directing his accusations at another man making his way through the metro station turnstiles, and the supposed perpetrator appeared to have no intention of stopping to confront the rant that was being directed at him. “You need to stop! They say you need to stop!” the purported assault victim shouted as the perpetrator unwaveringly continued his approach to the escalator to descend to the lower level boarding platform for the metro trains. Transit police were not present in the area, and the metro staff did not appear as if they were going to intervene in the situation. Just as the alleged perpetrator stepped on to the escalator to begin his descent and make his escape, the victim forcefully ran toward the other man cursing as he approached. He then violently bumped his body against the perpetrator, and proceeded to yell, curse, and make threats of more violence to come.
In the realm of personal protection, there are innumerable components of this incident that can be explored to make it a potent case study on self defense. The importance of awareness of the environment and people’s behavior (Critical Awareness in Self Defense and Martial Arts Training), effects of adrenaline release in threatening and violent situations (Warrior’s Rush: The Adrenaline Edge in Self Defense), and understanding the potential post-conflict mental and emotional effects are just some factors of discussion this situation can generate. This posting, however, will touch on the legal dimensions of this situation, but it does not constitute any form of legal advice or claims of formal legal analysis.
When discussing the legal aspects of self defense, much will depend on the jurisdiction in which the incident took place. Questions such as what is the legal definition of self defense, when and what forms of physical force can you use to defend yourself, a loved one, or personal property, how much force is too much, and can you use weapons, are just some of the questions that should be understood about the local laws in your area when participating in a personal protection program or martial arts training for self defense. Despite the diversity of legal codes on self defense, most if not all jurisdictions would probably have a consistent reaction to the situation described above; the victim exceeded legal boundaries in his reaction, and went from a possible self defense situation to a fighting situation and, most probably, jumped full-on to assault (both scenarios potentially face criminal charges).
Even if the man had a legitimate grievance of being assaulted without cause, the dynamic immediately changed when he charged after his alleged attacker. Once he pursued the other man, he CHOSE to willingly engage in an altercation, thus potentially morphing the situation from self defense into a fight. When he used his body to intentionally make physical contact and proceeded to make verbal threats promising more physical violence, he went from a supposed victim of assault to potentially a perpetrator of assault. The man who may have begun this incident as an assault victim could now not only face criminal charges but also civil liabilities. This incident highlights how quickly a situation can change under legal codes and how fluidly legal dimensions can morph.
Whether it’s Krav Maga, Kali, Ground Defense Tactics, etc, no matter what form of martial arts or self defense training you choose to pursue, the legal aspect is a component that should be addressed in any legitimate program (Warrior’s Intent: Combat or Sport). In addition to physical, mental, and emotional aftereffects of defending against physical assault, there are legal aftereffects that need to be understood just as well as the other factors of self defense. Addressing the legal dimensions of self defense tactics is another critical element of expert-level training programs like Luminous Warrior’s full spectrum self defense training.
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