Is Spitting an Assault?
Spitting is a common act of aggression that can be incredibly distressing and even offensive to the person on the receiving end. But can it be considered an act of assault? In this article, we’ll delve into the legal and social nuances of spitting and discuss whether it constitutes an act of assault.
A Brief History of Spitting as an Act of Anger
Spitting, particularly in the context of anger or frustration, dates back to ancient times. In many cultures, it was seen as a viable way to express displeasure or contempt. In Europe, for example, spit was often used as a symbol of disdain or displeasure, and it’s still a common gesture seen in many parts of the world today.
**The Legal Definition of Spitting
In most legal jurisdictions, spitting, or more specifically, deliberate and intentional spitting that causes harm or discomfort, can be considered an offense. In the United Kingdom, for instance, Section 4 of the Public Order Act 1986 states that intentional and reckless behavior, such as spitting, which causes harassment, alarm or distress to another person may be considered an offense [1].
Types of Spitting and Their Legal Connotations
There are several ways to spit, and different forms of spitting have different legal implications. These include:
- Rudimentary spitting, which is simply spitting in the general direction of another person without any consideration for their well-being
- Targeted spitting, which is done with the intention of directly hitting or splashing another person
- Projectile spitting, which involves spitting with force or velocity intended to cause harm or offense
Targeted and Projectile types of spitting are most likely to be considered legal offenses, as they aim to cause harm or intentionally spread bodily fluids.
Table: Types of Spitting and Their Legal Consequences
| Type of Spitting | Legal Connotation |
|---|---|
| Rudimentary spitting | Generally not actionable |
| Targeted spitting | May be an offense, depending on jurisdictions |
| Projectile spitting | Likely to be a criminal offense |
When is Spitting Illegal?
Spitting becomes illegal when it causes harassment, alarm, or distress to another person. For spitting to be deemed illegal, the following circumstances must be met:
1. Purpose: The spitting is done with the intention to cause harm or offense, rather than as a matter of habit or accident
2. Causation: The spitting causes harm, discomfort, or distress to the person on the receiving end
3. Mental Culpability: The individual spitting must have awareness of the potential consequences and choose to ignore them
4. Public Place: The act of spitting occurs in a public place, bringing it under the jurisdiction of public order laws
| Fact Pattern | Legal Decision |
|---|---|
| “John spits at Mike in a public park solely because he’s annoyed”} | Illegal (assault or public order offense) John’s purposes are malicious, and there’s a direct link to harm or distress |
| “Sarah’s toddler accidentally spits near her friend while playing.” | Not illegal (Accidental and unintentional |
In the first scenario, where John spits at Mike, the act is legally actionable as it meets the Purpose, Causation, Mental Culpability, and Public Place criteria set out above. In contrast, the second scenario does not meet these criteria, so the act is not punishable under public order laws.
