Legal Definitions - son assault demesne

Son assault demesne is a legal defense used in civil lawsuits where one person accuses another of assault or battery. It is a French legal term that essentially means "his own assault."

When a defendant uses son assault demesne as a defense, they are arguing that they acted in self-defense because the plaintiff (the person bringing the lawsuit) was actually the first person to initiate physical aggression or an assault. To successfully use this defense, the defendant must demonstrate two key things:

• The plaintiff was the initial aggressor, meaning they started the physical confrontation.
• The defendant only used a reasonable and necessary amount of force to protect themselves or their property from the plaintiff's initial aggression.

Here are some examples to illustrate how son assault demesne might apply:

• Example 1: Workplace Altercation

  Imagine two colleagues, Alex and Ben, are having a heated argument. Alex, in a fit of anger, suddenly shoves Ben. Ben, startled but wanting to prevent further physical contact, pushes Alex back just enough to create distance and protect himself. If Alex then sues Ben for battery, Ben could use son assault demesne as a defense. He would argue that Alex initiated the physical assault by shoving him, and his push back was a necessary and reasonable act of self-defense to repel Alex's aggression.

• Example 2: Protecting Property from Trespass

  Sarah discovers a stranger, Mark, attempting to climb over her fence into her backyard without permission. When Sarah confronts Mark, he becomes aggressive and lunges towards her. Sarah, fearing for her safety, quickly steps aside and uses a defensive maneuver to push Mark away, causing him to lose his balance and fall. If Mark later sues Sarah for assault, Sarah could invoke son assault demesne. She would assert that Mark's initial act of trespassing and then lunging at her constituted an assault, and her defensive action was a necessary and proportional response to protect herself and her property.

• Example 3: Escaping Unwanted Physical Contact

  During a social gathering, David repeatedly tries to grab Emily's arm to get her attention, despite her clear requests for him to stop. When David forcefully grabs her arm and refuses to let go, Emily, feeling trapped and uncomfortable, forcefully pulls her arm free, causing David to stumble backward. If David sues Emily for battery, Emily could argue son assault demesne. She would claim that David's persistent and forceful grabbing of her arm constituted an initial assault, and her forceful pull was a necessary and reasonable action to free herself from his unwanted physical restraint.