Attempted rape / pepper spray / issue

[TexasComputerDude]

I've found out that after the date (dinner at an expensive Asian place), it wasn't going well and as he was driving her home and he said, "let me show you something." and turned down a back road. He then started getting "fresh" and she told him to stop and he forced himself on her. So she pushed him away hard and pepper sprayed him. He grabbed for her and she jumped out and ran to the nearest gas station and called her dad to pick her up.

I don't think she had time to do anything, she was already in the car and the driver has the wheel. She had already been feeling odd. She said he smelled like urine.

Sorry if my details are fuzzy, they were relayed to me through erratic txt so it can be hard to get everything 100%. She is really afraid so I'm not talking too much about it with her right now. I managed to get her to go to the police and tell her dad so that's about all I can do. Of course now she's questioning what she did wrong. Saying maybe the police were mad because she used to much pepper spray or something. idk

[KD5NRH]

I've found out that after the date (dinner at an expensive Asian place), it wasn't going well and as he was driving her home and he said, "let me show you something." and turned down a back road. He then started getting "fresh" and she told him to stop and he forced himself on her. So she pushed him away hard and pepper sprayed him. He grabbed for her and she jumped out and ran to the nearest gas station and called her dad to pick her up.

Considering that sexual assault is a justification for force including deadly force, one might ask the police chief if he would prefer she simply shot or stabbed the assailant and left him to do the paperwork for that. Taking her to a secluded place, ("a place where (s)he is not likely to be found" in the words of PC20.01) and grabbing her when she tried to leave puts it in the realm of aggravated kidnapping as well, given that his clear intent meets the requirement of PC20.04(a)(4).

[MoJo]

I've got to agree with Andy, in a fight for your life and/or virtue it's, Katy bar the door, no holds barred. Use what you have and however you need to use it to win.

My dad always said "Experience is a dear (expensive) school, learn from the mistakes of others."

[Excaliber]

To give a little perspective on OC canisters, here's a 45g (1.59oz) canister next to some common household objects. I can't fault a police officer for believing an OC canister more than twice this size doesn't meet the definition of a "small" container of OC.

I can, especially since the law doesn't define "small" and we're talking about a lawful use by someone who was in immediate fear of her life here.

In my agency, any officer who would quarrel with the victim of a recent attempted sexual assault over the size of the OC canister she used to save her virtue and quite possibly her life would have received locker room "counseling" from other officers (which may have included a nickname that would stick with him for his career), on the record counseling from his supervisors, and would have been watched to see if he needed a checkup from the neckup if he still thought that was a reasonable course of action.

The assertion that some type of certification is required for civilian defensive use is also bogus. Certification in the use of all issued weapons and prohibitions against using anything that's not issued are steps taken to protect law enforcement agencies from negligence, damage, and vicarious liability suits arising from failure to train. While a department's training program may well have emphasized to officers that they must be certified with each of the weapons they carry before using them on duty, extension of that requirement to civilian crime victims is a misinterpretation of that concept.

[le Coq]

TexasComputerDude's friend was not arrested for a four ounce container. The man who was arrested for the four ounce container was in the blog SmoothFox posted.

[le Coq]

It is good for her that Sharia Law does not govern jurisprudence in Lufkin, Texas.

Between dry counties and blue laws, some places in Texas aren't much different.

[PUCKER]

One of my favorite sayings!!

The officer in question sounds like he does need this. Maybe the dad (or the OP) will be so kind as to inform him of his mistakes?

a checkup from the neckup

[karder]

I'm glad your friend is ok. It sounds like this guy is a predator and may have been searching out a victim from the beginning. Predators like that will hone in on good-natured, trusting people to victimize. Sounds like your friend fit the profile. What's the saying, "life is a hard teacher, because she first gives the test and then teaches the lesson"? Your friend is fortunate she is ok, and has learned an important lesson. It is very important that she press charges, because if this guy is a true predator, he will also learn from this event and will continue to develop his techniques. If he gets arrested and goes before a judge, it may cause him to reel it in.

[bdickens]

What is blind date and how one ends with a female in private place, his place, her place or a hotel room? The lady has lack of judgment and some of the responsibility to be vurnable.

My, are'nt we being sanctimonious and judgemental in our unwarrented assumptions.

[skub]

It is good for her that Sharia Law does not govern jurisprudence in Lufkin, Texas.

Between dry counties and blue laws, some places in Texas aren't much different.

You ain't from around here, are you?

[TexasComputerDude]

I'm beginning to thing someone should write up a TexasCHL incident report form. So its easy to keep track of all the facts.

[Hoi Polloi]

I'd recommend that you write her a text that says something like:

I looked it up. That cop was totally wrong. You had a legal right to carry and to use the pepper spray against a guy who took you to a secluded place, tried to force himself on you, then tried to keep you there. Your smarts might have saved your life and then he acted like you were the one who did something wrong?! You and your dad should talk to his boss and tell him what for. He's in for some trouble and he deserves it! You don't have to put up with that from the jerk date or the jerk cop.

By speaking in a disparaging tone about that particular officer, you're meeting her where she is and encouraging her to take action. She doesn't want to rock the boat and had an authority figure "put her in her place" after she got up the nerve to speak about a traumatic event. She really needs someone to build her up and get her determined and focused enough to speak up again. By making that one cop a jerk and the problem, she can feel safer about going to another officer because it isn't now "the cops" but "that cop." I hope that makes sense.

[jester]

I can, especially since the law doesn't define "small" and we're talking about a lawful use by someone who was in immediate fear of her life here.

Sorry if I wasn't clear. I wasn't talking about the young woman, I was talking about this guy with his interesting vehicle mods, without which the police probably wouldn't have questioned him for more than half an hour on the side of the road, nor arrested him for the large OC canister.

I don't recall TCD mentioning the size of his friend's pepper spray, but if she bought it at Walmart it's likely smaller than the one in my pic.

[TexasComputerDude]

I wrote her something similar to that. If I push her too hard she won't wanna talk about it. She is scared to death and won't be using those sites anymore I'm pretty sure. (but I've been wrong before about people)

Her dad is taking care of it. He is extremely ticked right now.

[Oldgringo]

He is extremely ticked right now.

Well he should be...from no less than three (3) viewpoints.

I don't know about the rest of y'all, but the next time I go on a "blind date"; we will probably meet for lunch...in the daylight (I've met enough 'nice personalities' and seen enough 'pigs in a poke'). Inasmuch as we're both seasoned adults, she'll have her getaway vehicle and I'll have mine. I'll be packin' and will assume she is too.

If the lunch thinghy works out, we'll think about going out after dark in one truck. I'll still be packin' in the event that she gets too frisky.