Assault or not?

[madpiglet]

Maybe someone here may know about this....

I had heard that if someone was startled awake, if they reacted automatically by hitting out at the person who'd woken them so suddenly, that if they made contact so to speak and hurt whoever had woken them like that, they would not be 'done' for this cos of the manner of waking...?

If anyone knows of this and can say what Reg covers this, that'd be great.

Cheers in anticipation.

 

[Billy Whizz]

Not sure if its an Urban Myth or not but been doing the rounds for my time in the RAF (25 years). Am sure there'll be someone on here who's been in that situation.

 

[Warwick Hunt]

Is it a natural reaction upon waking to fill someone in? I have slept almost every night/day (according to work) for the last 35.5 years and I can honestly say I have never hit someone after being woken. Urban Myth methinks!

 

[Soon To Leave]

I doubt there would be anything written down about this but if taken to Courts Martial I would be very surprised of a successful prosecution if there was no proof of intent and your action was instantaneous (basically you felt threatened and it was an unconcious reaction).

If it was clear you punched them just because they woke you up, you could, in mitigation, say you were provoked and possibly get away with a lesser charge.

How and why the person woke you would also be taken into consideration. If they had no just reason and/or they touched you, you could have grounds for a counterclaim of assault.

 

[Soon To Leave]

Another possible 'getout' would be to claim you were having a nightmare at the time and you were awakened just at the point you were being attacked by a zombie. Flower this up by saying you'd just watched some zombie dvd. This is just an example. I'm sure you could make one up for yourself.

 

[dantura]

If I remember rightly from my law degree, if you can
prove that you were still in an unconcious sate at the time then you have a defence of automatism. The same as if you were sleepwalking.



D

 

[John Lloyd]

If you can strangle the wife whilst asleep and get away with it.

http://www.guardian.co.uk/uk/2009/nov/20/brian-thomas-dream-strangler-tragedy

Then I am sure you could get away with a smack in the chops

 

[Stax]

I've been known to beat myself when half asleep..................or is that a different subject?

 

[Dragoon]

I always thought this was a myth, just as the one that says you can do whatever you want in the 60 seconds that is 0000z - 0001z, as the military does not see that time period as existing.
So you can punch you're Cpl and they cant do you because it happened at a time that doesnt exist.

A load of rubbish really. DT_Xtremez_34:

 

[StickyFingers]

I always thought that if someone jumps around a corner and goes "AAAAAARGHHH!!!" giving you a massive fright you can drop one on their chin free from any repercussions. Only if you do it by reaction or your quick enough in the mind to suus it and get sweet face revenge mind.

 

[propersplitbrainme]

I once dreamed I was playing footie in defence and a high ball came into the area in my direction. I put my foot through it to hoof it into row Z whereupon Mrs PSBM let out an almighty yell as I nearly booted her out the bed DT_Xtremez_42:
So, I guess a swift kick to the gentleman's area of anyone waking you up on the pretence that you thought you were still dreaming would be OK DT_Xtremez_14:

 

[denthemen]

Whilst at Swinditz back in '75, a certain trainee by the vague name of "Newstead" lashed out at the Cpl DI on being physically grabbed out of bed at 06:16 (literally a swipe as the covers were roughly pulled off) which caught the unfortunate DI on the chin. I don't remember the young lad getting done at all - not even extra inspections etc. (Maybe the good Cpl Th*****n didn't want the story to get out amongst his fellow Gestapo!!)DT_Xtremez_30:

Only time I've ever heard of an instance though after 35 odd years......

 

[Realist78]

A certain Cpl DI (willie turner) at Halton in the late 70s woke R78 up at 06.30 with his pacing stick and a dustbin lid. I jumps out of the bed with a feckety feck feck etc to be told by him that the 1st minute was mine, didn't have the coohanas at the time to tw@t him though. So, urban myth? Still don't know.

 

[BillyBunter]

Well im guilty of it about 15 years ago, was asleep wankered the lass at the time kept slapping me in the face ,all of a sudden i woke up and floored her, i was mortified and so apoligetic but she was ok. At the time lot of stress with my family splitting up me looking after an alchoholic dad and all. Just bad dreams lots of booze and an annoying woman who pushed the line.

It happens , how many times on det has somebody annoyed you while sleeping and drunk (it did in the old days shoes n fire and all that )

If you are a good guy you shall get away with it, if you are a ****** then its not looking good. (8 Ball on the iphone rocks)

Good luck

 

[he_who_dares_rodney]

I always thought it was a post war thing that you didn't wake people up incase they were deep in dreams back in a trench somewhere

I know my grandmother used to be wary when she gave the old boy a shove
The preffered method to waken him was actually whisper in his ear and then let him wake up and give his head a wobble

Give him a shove and he would be reaching for a rifle and bayonet

As an aside a young man who broke into their house learned his lesson as a 76 year old man stoved his head in with amongst other things a frying pan (he was trying to get back out the kitchen window) after he woke him shouting that he wanted the money and was clocked with a right hand and then chased being hit with various things until being knocked sensless with the frying pan


Funny thing when you've chased Hitlers finest across Europe a 20 year old junkie holds no fears

 

[FootTapper]

Sort of relevant - a while back I was dozing in a sqn crew room in front of daytime tv drivel (waiting to load a jet)

Feet up on the table, young AMM gets sent over to tie my laces together. He was a bit cack handed and managed to knock my boot, waking me up. He'd leant down with his face close to see what he was doing, I flinched as I woke up.

First thing I noticed on waking was an AMM with a ****ed off look and a bleeding nose stood blocking the tv......

He went over to the group who'd put him up to it "**** kicked me in the face"

"yeah, we saw. You've learned a lesson son"

I went back to sleep, got left alone after that.

 

[Ex-Bay]

It's quite an old tale. We were told this one in 1960 and I guess it was a good bit older than that. We were told it as a cautionary tale about how to wake someone up and not get thumped.

But I can say that it is not unknown for a person to strike out when woken suddenly (the story is told of one ex-mil type who stabbed his young daughter with a broken plate; she survived OK).

 

[vim_fuego]

We used to sleep in at work in a bunkhouse when STM held the SAR responsibility...often you wouldn't get to bed till late if the jet(s) were broke so you often slept well...some times we would strip down to the bare 7 coverage for a launch if they were all fixed and the rest of us seek some r and r outside of the work environment but always returning back to the bunk house to sleep afterwards so again you slept well...It was normally the shift controller (a C/T) who had the unenviable job of rousing us to get on with ablutions/breakfast then work...For one thing he knew never to touch anyone and you never should...noise will be enough...but he also said that the first minute was yours to say whatever you wanted as you were still partially in dream land and not, either by mythical law or his opinion, accountable for those comments...

Ours was a fair bloke who shared the hardship and the good times fairly amongst us so oddly enough he never had to endure, as far as I know, any abuse...