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Old Sep 13, 19, 1:58 pm
  #66  
quantumslip
 
Join Date: Jan 2009
Location: Sugar Land, TX
Programs: United Premier Gold, United Club
Posts: 577
Originally Posted by jsloan View Post
Reasonable apprehension of imminent harmful or offensive contact. Unwanted touch is offensive contact.

Anyway, I'm not suggesting that the FA should press charges, or that a prosecuting attorney would agree to do so. I am suggesting that if you touch a FA to get her attention, you shouldn't expect to be treated well after that. (And, again, this is the passenger's POV -- she's going to minimize the contact).
And you forget to look up the definition of offensive contact. It is not "oh I think it is offensive".

Looking at the referenced papers, what I see is "offends a reasonable sense of personal dignity". Key word being reasonable. It is not "I think it is", it is reasonable. And "reasonable person" I know is a common test in the courts to determine if others in the same situation would have acted/felt the same.

Was it reasonable in this situation? Honestly I don't know, though I do feel that while not wanted, it wasn't offensive. That's the grey area of this case, and without all the facts and perspectives we can't say 100% for sure either way. Again IANAL.
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