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this post was submitted on 11 Nov 2024
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chapotraphouse
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Macing people that come up to your door surely cannot be justifiable in a legal context, right?
Except "people that come up to your door" is literally removing all the context of the situation that this woman provided to the police and in her posts online.
See my other comment here
I see, it looks shaky. If she had the forethought to seek a lawyer and DON'T TALK TO COPS I think maybe she would've been able to get an assault charge. What do you think?
The first question would be "why are you at this guy's front door?", she can't answer that in any rational way. That's the main problem. She literally has no business there in the most literal sense of the word, combined with the fact that Fuentes got doxxed online, and combined with the fact that this is likely not even the first person to try this shit. It's very unlikely that he would get prosecuted.
The world in which Fuentes goes down for this, is the world where this can be weaponized against women by their stalkers.
Presumably the lawyer would have instructed her not to answer if the police asked her why she was at his door because it is immaterial to the assault that she suffered. Believe it or not, you're allowed to knock on someone's door in America without getting shot/assaulted even if you don't have a good reason to be there. People can and have been prosecuted for shooting people who came to their door without establishing whether they are a threat.
In Berwyn IL, you can't mace someone who comes up to your door unless you reasonably believe they are about to harm you. However, the state usually only prosecutes really clear-cut and well-evidenced crimes, and usually not when they're done by fascists. That's why the responding cops just made him return her phone. Fuentes could certainly argue that he was in reasonable fear of harm, and Rose could argue that she was just there for a friendly discussion.