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Spit on by a random stranger

Will I be in legal trouble if I slap back?

Toytown Germany > Discussion forum > Germany-wide > Life in Germany
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boomtown_rat
QUOTE (Showem @ Jul 24 2007, 11:47 am) *
No, just Canadian grammar. Guess you just learnt something new today BR.

really!? ok, thanks
bluedave
QUOTE (LittleSprite @ Jul 24 2007, 9:34 am) *
I fully understand that living in a foreign country can be daunting in many ways - more so if you don't understand the language. Been there myself. But I seriously get the impression that a number of people come here fully expecting to get attacked for being a foreigner and believing every German a nazi until proven otherwise and then interpret every incident in a way to fit their own expectiations and prejudices.

Absolutely brilliant post and couldn't agree more!

Some people are just arseholes and their nationality is irrelevant!
Saint
I have been hit before in restaurant in Wien (I posted about it on TT) but didn't hit back. However, if someone spits on me, I'm going to get physical with them, very physical and very vocal.
Lorelei
QUOTE (Awa @ Jul 23 2007, 7:57 pm) *
The story is: When she was at Hauptbahnhof waiting for subway(around 13:40), a 50-60 years old guy walked close to her, spit on her, shouted:'Scheiße!' and then left.

That's assault. She could have gone to the police. There are CCTVs on the U-Bahn platforms, so there could be footage of the incident. Hitting back could just aggravate the situation, end up with you getting properly hurt, and possibly get you into trouble.

This is Germany, where tapping the side of your head to indicate that someone is "nuts" is a prosecutable offence, so you should expect the police to take assault pretty seriously.
Jimbo
Fuck that shit. Just open a can of whupp ass and push the mofo in front of a train. Job. Done.
Mariposa
QUOTE (Awa @ Jul 24 2007, 11:50 am) *
Be caught by who? Of coz generally not by policeman, because if there is any policemen around, the nut dare not to practice. So the left possibility is ‘be caught’ by the people who are around you. Will a lot of people help the nut if they see all of things, I’m cusrious...

If there are witnesses around and the person reports it to the police, they will investigate it as well. And what if the witnesses did not see him spitting at you or did not want to see it. Not like every other person is racist here, but what if the witness happens to be racist as well. Or the spitting person is with someone else, and the other person says you just hit them without any reason.
MonksTown
QUOTE (Mariposa @ Jul 24 2007, 12:34 pm) *
If there are witnesses around and the person reports it to the police, they will investigate it as well.

IF you manage to get a witness who is prepared to hang around AND you manage to hold onto the perpetrator until the police turn up.
Mariposa
Yes, that is true. But this was in the case that the perpetrator wants to report you in the case you hit back. So they would actually have to hold on to you.
Of course this is also valid the other way around.
MonksTown
Hitting back is maybe a natural response and legal in that adrennalin filled few seconds.
But then it ceaces to be legal and you need to hold the person AND get witnesses to stay as well.
And then when the cops do turn up, the perpetrator just bullshits their way out of it.
Mariposa
Yeah it is, I also posted the relevant paragraphs from the StGB in another post, but the problem is that it is very open to interpretation how much defense is actually necessary, and it is very easy for the perpetrator to talk their way out of it, and hitting someone is a worse offense than spitting on someone, so when it comes to that, it might not be such a good idea to react like that.
Plus, you never know how the person reacts next. If it's a little old lady she's probably not going to hit you back (but watch it if she has a cane), but if it is a younger guy they might. I have to say I personally would never be able to hit an old person, a younger one I would have less of a problem with, though.
By the way, in case anyone here is planning to slap anyone, please make sure you do not slap them on their ear, this can have very serious consequences (it can make the eardrum burst!) and no police officer would be understanding in that case.
fabmuc
If you hit them I would say that the reponse would be regarded as "unverhältnismassig". But I think you would have a good case for grabbing them very firmly and dragging them off to the next policeman, and if you know your pressure points you can inflict a lot of pain this way smile.gif

I have to say, though, that I have never seen an incident like that in seven years in Munich.
MonksTown
QUOTE (fabmuc @ Jul 24 2007, 7:03 pm) *
I have to say, though, that I have never seen an incident like that in seven years in Munich.

I've heard of it a number of times.

There have been racist attempted murders in Munich.
A particular case springs to mind in which a group of VERY well connected students attempted to hide the perpetrators and
then the local press decided to drag the victim's name through the mud.
LittleSprite
There are racist incidents, no doubt about that. The question is whether they are any more common here than elsewhere.

According to the Guardian more than 18,000 racist incidents were reported in London in 2001, and that figure includes 9,000 race-related crimes. Even if you take the difference in the size of population into account, the situation in Munich doesn't seem quite that bad.

http://www.guardian.co.uk/racism/Story/0,,654193,00.html
lazybum
Some things are important enough to risk getting in trouble with the law for. Beating racist scum is one of them!
L8knight
Sorry but if it was me, getting caught wouldn't even enter my mind as I started to give that racist pig an old fashion ass wooping. Without hesitation or regret.
MonksTown
Lazybum, I'm not going to weep too much for racists and fascists.
However given the balance of powers within society it is probably more likely that it is is the victim of a racist attack who hits back
that "slips on the stairs at the police station" or ends up getting fined rather than the "upstanding German citizen".
Rilana
my instant reaction when reading this would have been - he's mad. If so, why engage in a tassle with the guy. I have been slapped by a stranger (clearly schizophrenic woman) here in London once, irratic behaviour without provocation is best walked away from. Swiftly. It isn't worth further injury imo (to either party).
lazybum
MonksTown, where would you draw the line then?

What does someone have to do to you before the prospect of a fine or "slipping on the stairs", doesn't stop you retaliating? Personally someone spitting in my face because I'm lucky enough not to be a kraut is more than enough for me to kick them in the nuts!
MonksTown
QUOTE (lazybum @ Jul 25 2007, 11:28 am) *
MonksTown, where would you draw the line then?

That's all individual circumstances isn't it.
If someone hits back immediately I have no problem with it.

QUOTE (lazybum @ Jul 25 2007, 11:28 am) *
because I'm lucky enough not to be a kraut

Please take a number and go and sit in the xenophobes corner.
Angela Merkel will be along later to administer your sauerkrautsaft enema.
Schön Tag noch.
LittleSprite
QUOTE (lazybum @ Jul 25 2007, 11:28 am) *
MonksTown, where would you draw the line then?

What does someone have to do to you before the prospect of a fine or "slipping on the stairs", doesn't stop you retaliating? Personally someone spitting in my face because I'm lucky enough not to be a kraut is more than enough for me to kick them in the nuts!

And you're the one complaining about racism? Bit of a laugh, isn't it?
Lavender Rain
QUOTE (Rilana @ Jul 25 2007, 11:12 am) *
my instant reaction when reading this would have been - he's mad. If so, why engage in a tassle with the guy. I have been slapped by a stranger (clearly schizophrenic woman) here in London once, irratic behaviour without provocation is best walked away from. Swiftly. It isn't worth further injury imo (to either party).

Rilana, I clearly see your point. However, if this spitting and hitting behavior is done by someone who apparently have all their faculties in an effort to humiliate, demean, degrade, or hurt me, I have no patience or tolerance for this and will respond. I do value peace and I don't go around looking for trouble, starting provocations or altercations, but where I draw the line is when this kind of despicable behavior of hitting or spitting is done, even without provocation, which was the case with Ms. Bad Homburg. I will defend myself every time, regardless if it's racially motivated or not. The fact that the behavior may be racially motivated is totally irrelevant.
lazybum
QUOTE (lazybum @ Jul 25 2007, 11:28 am) *
I'm lucky enough not to be a kraut

OK, I take it back rolleyes.gif
MajorBummer
As some of you might know, I am another one of the thousands of internet-high-iq people who populate this forum and I am about to prove it to you yet again. huh.gif In yet another flash of genius, I came up with the solution to our problems. Here's what you need(I admit that I am still working on the details):

1. One lama or..

..alternatively bottled slime

or if you want to save money:
How to make your own slime

2. One waterpistol small enough to fit in a lady's handbag (in order to protect the innocent, all faces were made unrecognisable


The plan:
Load waterpistol with slime (either from lama or own slime). Keep in a hidden position. When approached by spitting stranger on staircase (or elsewhere), pull out weapon and attack!


What do you think? Asian people, whose culture we anyway don't understand, can always just claim (should the police stop you) that this is a ceremony you perform in your country which brings prosperity to the person you strike. Or something like that. Brilliant, huh?
LittleSprite
Sounds cool! smile.gif

*orders Lama*
jeremy
Well I moan about Germans like many but I do not think they are a violent people. Verbally aggressive yes. Biiter old people yes. But racist? I think owing to the Holocaust classes they receive in their schools much of the idea of racism is frightened out of them from an early age.

Incidents likethis which happened to this poor Thai girl happen just about every weekend in Britain in every chip shop at closing time. What makes the incident stand out here is that it occurred wheereas in my experience of Munich violence like this is rare. Always amuses me how Germans can scream lie hell at each other and say things which would earn a punch in seconds in Britain yet no one comes to blows.

All very well you guys sitting at your keyboards saying yaeh go on, very similar to those watching a school fight but when your own blood is hot the chances are you wouldmt retaliate.
ceogero
QUOTE (LittleSprite @ Jul 25 2007, 11:58 am) *
Sounds cool!

*orders Lama*

There once was a Gaucho named Bruno
who said love is all that I do know:
a tall girl is fine
and a short one's divine,
but my Lama is numero uno
ben_gunn
QUOTE (jeremy @ Jul 25 2007, 2:33 pm) *
All very well you guys sitting at your keyboards saying yaeh go on, very similar to those watching a school fight but when your own blood is hot the chances are you wouldmt retaliate.

Exactly. He who hesitates is lost, and you have to have pretty much either gone through some kind of training at some point that would cause you to automatically retaliate without even pausing to think, or to simply react without thinking anyway, which will most likely not improve the situation.

All that the hitting back does is make you feel less like you got pissed on and give you a "cool" story to tell friends.
zargorn
So I guess we agree that slapping the guy may get you in trouble. But are you allowed to keep him from leaving until the police arrives?

I know you are if you suspect someone of stealing. If I thought I was stronger than the guy I would tell him to sit down and call the police. If he then tries to run away, you can use force to make him stay (?). Shouldn't be hard to prove that his spit is on your face if necessary (or in a paper towel). Even if there are no witnesses or cameras.

Maybe you can even sue for some money from him? May be your lucky day ...
kafkaesque
I was in Berlin last weekend, sitting near the station in alexander platz tired and lost in my thoughts, when a rough looking Turkish man came up to me and started talking german. As I wasn't in the mood to talk I said I couldn't speak german. He then asked if I spoke English and I said I couldn't, at which point he started swearing at me and after walking a few paces away spat in my direction (it didn't reach me). Deciding that I didnt want to get into trouble with the police by hittng him and assuming that he probably had a knife in his back pocket anyway, I told him I was going to phone the police. He then walked off continuing to swear at me. I thought I did the correct thing, but some french students nearby started laughing at me as though I was overreacting or a pansy.

As it was the last day of an otherwise great holiday in Germany it really pissed me off.
LittleSprite
QUOTE (zargorn @ Jul 25 2007, 9:04 pm) *
So I guess we agree that slapping the guy may get you in trouble. But are you allowed to keep him from leaving until the police arrives?

I know you are if you suspect someone of stealing. If I thought I was stronger than the guy I would tell him to sit down and call the police. If he then tries to run away, you can use force to make him stay (?). Shouldn't be hard to prove that his spit is on your face if necessary (or in a paper towel). Even if there are no witnesses or cameras.

Maybe you can even sue for some money from him? May be your lucky day ...

I really believe people underestimate just how surprised and shocked you are in a situation like that. Either you hit the guy right away as a reflex or you just stand there wondering what the fuck happened. If it all seems absurd enough, it might even take some time before you remember to get angry.
Awa
@MB,
laugh.gif , you're crazy funny!

My questions are finished(got lots of info from you) Thanks everybody who comments!
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