By Marcel Strigberger | February 24, 2025
Can farting constitute an assault?
Gone with the wind? Not exactly, but how do I start a commentary on a case about farting? In Wales.
Rhionan Evans had some issues with Deborah Prytherch, her current beau’s ex-girlfriend. Rhionan decided to clear the air. She recorded eight videos of her passing gas, which she sent to Deborah.
The victim was not amused by these cyber gas attacks. They certainly added a new dimension to the phrase, “You’ve got mail.”
Deborah notified the police, who arrested Rhionan. She confessed to reeking havoc. I heard rumours that the police also searched her house and confiscated a case of beans. I’d say the case for the prosecution was airtight.
Rhionan’s lawyer argued that her client had had a few drinks at the time of the filming, and that there was “no malicious intent”. It should be noted, however, that her client is smirking and clearly enjoying the presentations in the video. But I don’t know about that “no malicious intent” part. It’s not like she sent the victim a Valentine.
The judge found the accused guilty and ordered her to refrain from contacting Deborah for two years and to undergo 15 hours of rehab. I can’t imagine what these rehab sessions would entail. How to wean yourself off broccoli? Passing on brussels sprouts? Alternative ways of using a cellphone camera? Who knows?
The judge also ordered Rhionan to pay a fine of $373 and $124 as compensation to Deborah. I have no clue how the judge arrived at these numbers. Doing the math, that works out to a $43.63 fine per farting session. I doubt there is legislation in Wales dealing with this type of assault. Something like:
“Cyber Gas Attacks Act — Section 7a) Anyone sending recordings displaying themselves releasing flatulence to unsuspecting parties shall be liable to a penalty not exceeding $43.63 per submission for the first eight submissions, $57.29 for submissions nine to sixteen,”… etc.
And the compensation part of it, $124, works out to about $15.50 a shot. Barely enough for the victim to buy a medium pizza. Yes, Wales’ justice system is not perfect.
A couple of years ago, an appeals court in Australia found for the defendant Construction Engineering in a case where an employee, one Hingst, sued his employer for bullying, claiming his supervisor, a Mr. Short, would enter his small office several times a day and do a live version of what Rhionan did online. The High Court judge held that there was neither an assault nor bullying. An appeal was dismissed. I disagree. This was a bad decision. Gives me a good idea, however, why they call Australia “Down Under”
I believe the courts should be tough on these types of offenders. They remind me of Don Quixote – in reverse, as they constitute windmills tilting at the persons.
Marcel Strigberger is a Toronto-based lawyer, humourist and author, who now devotes his time to being funny and writing after 40 years of balancing these endeavours with a civil litigation practice. First, Let’s Kill the Lawyer Jokes: An Attorney’s Irreverent Serious Look at the Legal Universe, is available in eBook and paper versions on Amazon, Indigo, Apple books, etc., and, Strigberger adds, wherever great books are sold.
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