Originally Posted by
seigex
I’m not sure what laws are in England; but, it doesn’t work this way in the US. Battery in most states require there to be physical injury for a crime to have been committed and a complaint to be filed, such as an obvious red mark or a bruise. Even assault requires an attempt to commit battery. It has nothing to do with how the “victim” feels.
Tapping some, shaking them or whatever would not rise to the level of an assault or battery and the cop would probably give you a lecture for wasting his time. Even if a complaint was filed the DA would not file charges.
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There are differences in standards between criminal battery and the tort of battery (i.e. a civil lawsuit)...and of course among different countries and state and local jurisdictions. But in both instances, even in many US locales, injury is not always a requirement if the touching of the person would be deemed "offensive" - using a reasonable person standard - and assuming the other requied elements are present. Again, depending on the applicable jurisdiction. (I'm not asserting whether the OP situation would or wouldn't be civil or criminal battery.)
In general though this strikes me as the same general argument as some other inflight disagreements like window shades up or down for example. I don't think there is any real answer that will make everyone happy all the time.
The best thing is to be as prepared as possible for a flight if one will be bothered by noise or light or what have you. Because public transport involves unpredictability and there may not always be an ideal resolution.