Edit: Original site is paywalled and seeming to not always load, here is another article about the incident: https://www.nbcnewyork.com/news/local/united-airlines-flight-masturbating-incident/6551525/
Edit: Original site is paywalled and seeming to not always load, here is another article about the incident: https://www.nbcnewyork.com/news/local/united-airlines-flight-masturbating-incident/6551525/
If you’re hit with someone’s spunk nonconsensually, I think that counts as injury or some approximate of that, legally.
It’s certainly harm, and justified law enforcement intervention. But it’s not a “open the emergency exit door in flight” level of harm. Nobody is threatened with death or grievous bodily harm here. Forceful intervention would increase that risk, rather than reducing it.
Harm and injury seem to be good enough reason to restrain. Dude could have gone into the bathroom and jacked it. Didn’t have to do that in front of others, potentially including kids. Probably going to end up on a list and get sued.
I do think she would have been, if not “justified”, then “excused” if she had tried to strike him, as his behavior would likely be considered inciting. And anything he did in response to having been struck would have justified restraining him.
But there would have to be some kind of physical altercation involving him before they could pull out the duct tape.
They definitely should have asked for a volunteer to swap seats with her. An air marshall could have arrested and handcuffed him.
Initiating a physical altercation to restrain him is more likely to result in injuries. I can’t fault the crew for their decision not to restrain him.
I can fault them for not calling the cops.