Is forcibly smearing someone with feces a crime, and which one? In February 2023, a German ballet director forcibly smeared dog feces into the face of a journalist. The director said the journalist had written scathingly critical reviews of his work for years, and had &quot;thrown shit at me for years&quot;. When the journalist visited a performance of a piece he directed, he confronted her in the opera lobby, started a discussion and finally smeared her with dog feces from a bag he had with him. While this is certainly despicable behavior, would it count as a crime? The attack, while disgusting, did not cause bodily harm, since feces can be washed off. It is really an attack exploiting the person's sense of disgust and a form of humiliation - but I think humiliating someone is in itself not criminal. So, what crime would that be? Some form of assault? I am most interested in answers about German laws, but other answers are welcome, too.
tl;dr: As far as I can see, in germany this would be covered under Körperverletzung (literally: &quot;bodily harm&quot;, Strafgesetzbuch (StGB) § 223), and possibly under Beleidigung (insult, §185 StGB). Public broadcaster NDR reports that Goecke is in fact being investigated for committing these offences - Nach Hundekot-Attacke: Staatsoper Hannover trennt sich von Goecke. While the title of the law &quot;Körperverletzung&quot; refers to &quot;Verletzung&quot; (injury), the actual text is more complex: (1) Wer eine andere Person körperlich mißhandelt oder an der Gesundheit schädigt, wird mit Freiheitsstrafe bis zu fünf Jahren oder mit Geldstrafe bestraft. English (from official translation): (1) Whoever physically assaults or damages the health of another person incurs a penalty of imprisonment for a term not exceeding five years or a fine. So, Körperverletzung is one of two things: actual bodily harm, or physical mistreatment (or assault) This means that mistreatment is covered, even if it does not result in medical harm or injury. For example, in 2016, a court found an accused guilty of Körperverletzung for putting a dead bird into the letterbox of a court. The repulsion which a court employee felt when finding the dead, decaying bird was considered to be a form of mistreatment. While a court would need to decide, smearing someone with feces seems reasonably similar to making them touch a rotting bird corpse, so it would likely be covered by the same law. In addition to that, dog feces may cause real health problems, such as allergic reactions or infections. This would obviously qualify as Körperverletzung, but may be harder to prove. In addition to that, the humiliation caused by the act might also count as a form of insult (Beleidigung, §185 StGB). Note that §185 StGB explicitly mentions an insult committed via a physical act (&quot;mittels einer Tätlichkeit&quot;) as an aggravating circumstance.
An act in self defense is legal (StGB §32): &quot;(1) Whoever commits an act in self-defence does not act unlawfully&quot;. However, &quot;(2)'Self-defence' means any defensive action which is necessary to avert a present unlawful attack on oneself or another&quot; – removing a trespasser is not necessary to avert an unlawful attack. This does not apply to removing an annoying person. Under §223, physically assaulting a person is a punishable offense. Pushing a person is one form of assault (so is punching them or pummeling them, perhaps a more severe form depending on the physical damage done). However, the response is also criminal because it goes past that which is necessary to avert the assault (a push is not a license to commit mayhem). Under §§33-35 there are defenses for excessive self-defense (&quot;Whoever exceeds the limits of self-defence due to confusion, fear or fright incurs no penalty&quot;), which don't seem applicable in this situation (rage is not the same as fright).
While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is one person's version of the truth, may not be another's, even with regard to the same exact experience. Also, while "statements of opinion are not defamation" is typically regarded as true, it has very broad exceptions and is not something that can be relied on in isolation. Defamation is generally defined as a false, published statement that is injurious to the plaintiff's reputation. An online posting, even on an obscure website, will likely be seen by a few people, thus satisfying the publication requirement. A plaintiff cannot succeed in his or her online defamation claim if the defendant's defamatory statement is true. So, for example, if a customer posts a review of your restaurant on Trip Advisor claiming that there were roaches crawling around, you may sue them for defamation. You would then have to prove that there was no roach infestation, and thus, the defendant's statement was false. However, what if there was only one? What if he has a witness who saw it? His truth may be different from yours, and it is up to the trier of fact to decide. Also, getting sued, whether or not you prevail, is at minimum a pain and can be a very expensive ordeal. Opinions are exempt? OK: Following that line of reasoning, restaurant owner shows he's had monthly inspections and prophylactic measures to ensure against pests and the exterminator testifies. The defendant, fearing he's in trouble now, claims that his assertion of roach infestation was just his opinion based on his experience. Opinions are privileged under the law of defamation, right? Not always! Importantly, an opinion may be viewed, generally, as a statement of fact (employing the "reasonable person" standard) if it is something that is either provable or disprovable. What this means is that if the reasonable person would construe your statement to be factual, and not mere opinion, it will be deemed as such and if untrue then you're liable for defamation. The courts may interpret, "I think that [restaurant] has a roach infestation problem," as a statement of fact. This has occurred in numerous cases where people think they can say what they want as long as they couch it as an opinion, with words like "I think..." or "In my opinion...". But when someone says something that factual in opinion form, that is not protected. So, if Jane says, "In my opinion Joe Schmoe is a pedophile..." without absolute proof that Joe is, in fact, a pedophile, then this is libelous (defamation if published or spoken to another). This is because the statement in and of itself is one of "verifiable fact couched in opinion" and it is so damaging to Joe's reputation that if it's not true it is libel per se (defamatory if published &ndash; meaning shared). A statement of verifiable fact is a statement that conveys a provably false factual assertion, such as someone has committed murder or has cheated on his spouse. While the law varies some, and sometimes substantially, from state to state, here are some often used examples arising from California courts. Libelous (when false): Charging someone with being a communist (in 1959) Calling an attorney a "crook" Describing a woman as a call girl Accusing a minister of unethical conduct Accusing a father of violating the confidence of son Not-libelous: Calling a political foe a "thief" and "liar" in chance encounter (because hyperbole in context) Calling a TV show participant a "local loser," "chicken butt" and "big skank" Calling someone a "bitch" or a "son of a bitch" Changing product code name from "Carl Sagan" to "Butt Head Astronomer" Since libel is considered in context, do not take these examples to be a hard and fast rule about particular phrases. Generally, the non-libelous examples are hyperbole or opinion, while the libelous statements are stating a defamatory fact. Modified photos that can be shown to scandalize persons or businesses are clearly defamation, and are quite popular on social media. So, for example, if you threw the flyers (I assume you didn't but as an example) all over, and then photographed and published your opinion about the business littering neighborhoods, this would be libelous. The less obvious and absurd the modification, the more likely it is that a court will find it defamatory. So, a picture of a woman with a man's naked torso photoshopped on will not be defamatory, a version photoshopped showing what is to be purported to be her naked body, is. In your case, you face two issues that you should ask yourself: Is your opinion really verifiable (or non-verifiable) facts couched in words that try to make it opinion, or is it truly just your opinion. If fact, is it absolutely true? If the answer is yes, it's fact and yes, it's absolutely true, you're OK. Keep in mind though what I mentioned about truths differing: What if the business didn't know they were put there, or, what if they were placed on cars in a public place and blew in the wind? That could be a problem. While you are most likely fine, you may want to just say, X business's fliers are all over the place, littering the neighborhood and (assuming you called and asked them to pick them up, or wrote them) they refuse to pick up the litter. It sounds like the statements you made are fine, because you don't say that the business littered, or that they put them there; you say they are "plastered" all over, but you don't accuse them openly. That isn't to say it wouldn't be found to suggest fact that they would have to show isn't true (or that they didn't get permission from the property owner). My point is only that, in general, be careful. If he felt that you misrepresented what he did by way of distributing fliers, or if he thought you doctored the photo or set it up, he could sue you if he felt it damaged his business's reputation.
There is no exhaustive list of material banned specifically in WhatsApp profile pictures, but there is an exhaustive list of crimes that § 140 StGB applies to: Whoever rewards or approves of publicly, in a meeting or by disseminating material (section 11 (3)) in a manner which is suitable for causing a disturbance of the public peace one of the unlawful acts referred to in section 138 (1) nos. 2 to 4 and no. 5 last alternative and in section 126 (1) or an unlawful act under section 176 (3), sections 176a and 176b, under section 177 (4) to (8) or section 178 after it has been committed or culpably attempted incurs a penalty of imprisonment for a term not exceeding three years or a fine. In turn, sections 138 and 126 enumerate various crimes, whereas the other mentioned sections relate to (child) sexual abuse. Section 138 (1) no. 5 lists: murder under specific aggravating circumstances (section 211) or murder (section 212) or genocide (section 6 of the Code of Crimes against International Law) or a crime against humanity (section 7 of the Code of Crimes against International Law) or a war crime (section 8, 9, 10, 11 or 12 of the Code of Crimes against International Law) or a crime of aggression (section 13 of the Code of Crimes against International Law) The last alternative is indeed a “crime of aggression” which is defined in particular as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”. In Germany, there is a clear consensus that Russia is waging a war of aggression against Ukraine. The “Z” symbol is used in a Russian context in support of this invasion. It is therefore understandable that a prosecutor has the reasonable suspicion that publicly posting a Russian flag with the Z symbol is public approval of this crime of aggression. Spiegel Online reported of 140 similar cases across Germany. Thus, the photo could be real. Of course, the accused should not accept this invitation to talk to the police and instead get themselves a criminal defense attorney. A defense strategy would likely argue that the profile picture was not “suitable for causing a disturbance of the public peace” so that the conditions of § 140 StGB were not fulfilled. More realistically, the defendant would not contest a fine.
Yes, a statement made to only a single other person can be defamation, at least in the US (you don't mention the jurisdiction that you or the accused person are in, and it may matter). Only the accused person can normally sue, and that person would need to establish that the statement was made, and that it was false. In most cases actual damage to reputation also needs to be established. However, a few limited categories are considered defamatory per se. these include an accusation that a person is guilty of a serious crime. (The exact line for defamation per se will depend on the jurisdiction.) If a statemant is defamatory per se actual damage need not be proved. Strictly speaking saying that someone "is a pedophile" only says that that person is sexually attracted to children, but it is usually taken to mean that the person has in fact sexually abused children, which is a crime, and would I am sure be considered defamatory per se. Even so, proof of actual damage to the reputation of the person defamed might be important to the measure of damages to be awarded. often the number of people to whom an accusation is made is relevant to the degree of damage to the reputation, and thus to the damages to be awarded, but the relation is not always 1-to-1. Particularly with a very serious accusation, the damage to reputation could be significant, even if only one or a few people heard the false statement. By the way, the word is spelled "pedophile" (or paedophile in UK English), it is from two Greek words meaning literally "lover of the young". A now obsolete related term is "pederast", with much the same meaning.
It is illegal in Scotland. There is currently no law specifically against it in the rest of the UK. If you find this is unbelievable, yes it is. There are attempts now to change the laws. PS. There are no photos taken "of the act". Taking the photo is the act. The pervs use a selfy stick or just get down on the floor to take photos, or take photos on stairs. PPS. News on Jan 16th 2019: "A new law will now be introduced in the next couple of months. It could mean that perpetrators might face up to two years in prison and are added to the sex offenders register."
If I did punch him , would that be okay? No, that would be Assault and Battery. If you did him serious injury you could face a charge of Grievous Bodily Harm. If you killed him, that would be murder. If you are in the UK, Canada or Australia and you were charged with murder you could claim provocation in an attempt to have the charge reduced to Voluntary Manslaughter. If you were in the US you could attempt to argue "extreme emotional or mental distress" if you are in a state that has adopted the Model Penal Code for any of the charges; if successful your sentence would be reduced. I saw people punch one another over this in movies. And I saw aliens invading the Earth in the movies - what happens in the movies if not necessarily true. Kissing my wife is adultery right? No, extramarital sex is adultery. Notwithstanding, adultery is not illegal in common-law countries. I'm pissed and don't know what to do? I sympathise with you but this is not a legal question. Whatever is going on between you, your wife and your neighbour is a social situation; not a legal one.
s893 Cruelty and maltreatment The recruits and the sergeant are members of the military and subject to the Uniform Code of Military Justice. s893 says: Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. The recruit could bring a complaint to their CO who would investigate and, if it had merit, convene a court martial. However, apart from the physical assault, it’s unlikely that the conduct portrayed would meet the threshold of “cruelty toward, or oppression or maltreatment of” by the standards of the time and possibly not even by today’s standards. The abuse has a training purposes the sergeant is being deliberately and extremely provocative to to determine who has self-control under such provocation and who doesn’t, who has self-discipline and who doesn’t and who needs more and less training in that area. Of course, the training methods of the US Marines at the time were positively humane compared to those of Soviet Albania and the USSR (Chechnya) and even of the French Foreign Legion. Under no1 circumstances would a recruit be legally entitled to assault the sergeant s891 is quite clear: Any warrant officer or enlisted member who— (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office; (2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office; shall be punished as a court-martial may direct. 1 Self-defence from imminent risk of death and training excepted.