Interesting case.
An older guy is kicked out of a bar. He waits outside.
He follows a young couple home, puts on a ski mask, and then gets beat down when he tries to attack.
The fact that the man followed them home and then put on a ski mask before the confrontation certainly shows some bad intent.
Owen SParks said:
Self defense is not a sport and the Marque De Queensbury rule against striking a downed opponent should not apply. Just because a man is down does not mean that he can’t pop right back up in less than two seconds and still be able to out run and catch the average woman. Ever watch the UFC? People go down and continue to fight all the time. Down is not out!
However in this case the downed bad guy is supposedly unconscious. After being followed home by a creep in a ski mask it was the testimony of the neighbors that sealed the deal in getting their neighbor in trouble.
They claim he was motionless and possibly unconscious when some additional kicks were given.
So alerted by the commotion, perhaps her screams when attacked, the neighbors look outside and then become witnesses to her criminal kicks.
While there may be a way to try and justify taking advantage of a dangerous threat before it is too late if he was unexpectedly downed but could get back up, if the bad guy that had followed them home and put on the ski mask was really clearly knocked unconscious there was other options.
The women was not alone, she was with her boyfriend.
Tying the unconscious man up would have probably been a solution that would be more acceptable.
How long he would remain unconscious without the additional kicks is unknown. I have seen people knocked out for just a few seconds, and some for much longer.
However kicking someone down can easily result in death or permanent disability.
She was also not alone, she had her boyfriend with her. So that alters the scenario slightly. An unconscious attacker, with two young adults. Harder to argue a disparity of force serious enough to argue a perceived danger from someone already unconscious that requires what could readily be lethal force.
The attacker could have regained consciousness and got up, and having learned not to underestimate his victims may have indeed been more successful the second time, but self defense is judged by the immediate threat, not a future threat.
The 19 year old adult women was charged and now has a permanent violent criminal record.
Of course in much of the UK things like pepperspray are illegal, as are almost any self defense items.
Hopeless.
