If for some reason they didn't think it was self defense in this hypothetical situation, the prosecution would have the burden of proof to show that it wasn't and they wouldn't be able to based on this scenario. So it would be nolle prossed for lack of evidence. Either way, Fraser wouldn't be in jail for protecting himself against a perpetrator.
Self-defense is an affirmative legal defense from being convicted of assault. So, Fraser wouldn't be in jail because a) the case would be dismissed or b) he wouldn't be prosecuted in the first place. I thought this was basic legal knowledge that pretty much everyone knows but then I remember this is Metal Sludge.
It becomes a he said/he said type of thing and depends on whether or not the police and the DA find the story believable, correct? Say Crews had punched out the fucker that grabbed him by the nuts, do you think the police would have believed Crews or the agent? If this happens to a woman it's more believable but if it happens to a man it gets a bit gray rather than black and white. Plus the grabber has some serious players in his pocket that would discredit everything Fraser said. I'm not really arguing, I'm just looking at this from a different point of view perhaps. Obviously I could be wrong but I'm not familiar with the legal side of what would most likely be considered a criminal act.
And again, this dude is best friends with Kevin Spacey, so it doesn't exactly help the guys case but it's still a he said/he said issue.
You act like the agent’s lawyer wouldn’t present an alternative description of what happened.
The case wouldn’t just be punching and fingering the taint. It would involve the agent’s story.
Judge: what is your version of the story?
“I told Brendan that we weren’t going to consider him for Mummy 3. He got mad and asked why. I told him that in all honesty it was because he was a shitty actor. He got mad and punched me in the face.”
Brendan jumps up and tells “no, that’s not what happened. That dude fingered my asshole so I punched him.”
Who will most likely be believed?
And your conclusion is just factually wrong - unless there is actual evidence to prove it. Otherwise everybody arrested for punching somebody would just say the other guy had touched his taint.
High school boys could just knock out there teachers or principal and say they did it because the teacher fingered his taint. Your boss at works yells at you? Just knock him out and tell fhe judge that he fingered your taint.
It’s funny you made a comment about how stupid people on Sludge are....when you are the one whose opinion was actually wrong.