Friday, November 25, 2011

Harassment Or Assault

You be the judge. Is this harassment or is it an assault?
Des Moines city employee disciplined for harassment of transgender person
Des Moines Register
By Jason Pulliam
Nov. 23, 2011

A Des Moines Public Works employee will receive unspecified punishment for harassing a transgender person last week at a bar.

Numerous Public Works employees were drinking at Z’s Bar and Grill, 1511 South Union St., on Friday when a city employee approached an elderly transgender patron and pulled a wig off the person’s head.

“Appropriate disciplinary action” has been taken against the unnamed employee, Public Works Director Bill Stowe said on Wednesday.
The definition of Assault is,
At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.

Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition.
What do you think, just a slap on the wrist or jail time. If that happened here in Connecticut it might also be considered a hate crime.

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