re: The Vandy Whistler is Pressing Charges

quote:

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Why did she touch him? You go around touching folks? He is being a douche, but there is no douche clause in common law

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As to civil liability for a battery, the touching must be harmful (meaning physical pain or injury) or at least offensive to a person's reasonable sense of dignity. If the tap did not cause pain and would not be regarded as offensive by a reasonable person, there is no battery. In the civil context, the correct term for an intentional harmful or offensive touching is "battery," not "assault."