[pefloresjr]

The only public information we have for the claim is Gu's statement, so obviously I can't be certain of anything.

But I suspect if there was a serious incident, this would have been in the news earlier. There doesn't seem to have been any arrest or investigation. The wording of her statement is strange to me as well. She says she was "physically assaulted in the street", but no other details apart from the police being called. Reads to me like someone got in her face in public, she called the cops who came and didn't see any offense.

Gu is an amoral opportunist who already lies to the press (no, she's not skiing for China to "grow the sport", obviously). Why should I believe her on this? I'm skeptical until we see some corroboration. Hopefully more reporting will be done.

California Penal Code section 240 defines assault as "an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another."  Actual contact or injury is not required to commit the crime of assault.  California Penal Code section 242 defines battery as "any willful or unlawful use of force or violence upon the person of another."  Contact with the victim is required but again no injury is required to commit the crime of battery.  

Most non-criminal attorneys will use the term assault to describe somebody going after them on the street.  If someone willfully (purposely) grabs or pushes another, that is a battery, but is often described as an assault.  If a person attempts to grab, push, or punch a victim, but misses, that is an assault.  Situations where the police are called but there is no arrest and there are no charges filed are typically minor in nature.  However, that does not provide any indication that the allegations are not true.  An investigation and police report could have easily been filed and forwarded to the DA's office but, with no injuries and no reason to believe it will recur, charges would not typically be filed.  

You moved the bar on truthfulness when you stated that the incident must not have been serious because we never heard of it and it didn't appear to have been investigated.  But we don't know whether it was investigated and the circumstances would determine whether the case is "serious."  If I am assaulted (someone attempting to grab, push, or hit me but failing) while I am walking down the street and the person clearly has mental issues, I wouldn't consider it very serious.  These things happen in the big city.  However, if I am similarly assaulted by a stranger on the street who recognizes me and is assaulting me because of who I am, I would consider it very serious.  Public figures are often the targets of violent and even fatal assaults.  

Ultimately, her description of a public assault seems likely based on the anger and vitriol we have seen directed toward her based on her choice to ski for China.  Can't we all simply agree that any assault on a person based on their Olympic choices is wrong?  Do we need to call them amoral and attack their credibility?  

For what it is worth, I was unhappy when she chose to ski for China and would much prefer she ski for the USA.  But, it is her choice and everyone if free to root for her success or failure in the competition.  

Cheers,
Pete F.

[pefloresjr]

The only public information we have for the claim is Gu's statement, so obviously I can't be certain of anything.

But I suspect if there was a serious incident, this would have been in the news earlier. There doesn't seem to have been any arrest or investigation. The wording of her statement is strange to me as well. She says she was "physically assaulted in the street", but no other details apart from the police being called. Reads to me like someone got in her face in public, she called the cops who came and didn't see any offense.

Gu is an amoral opportunist who already lies to the press (no, she's not skiing for China to "grow the sport", obviously). Why should I believe her on this? I'm skeptical until we see some corroboration. Hopefully more reporting will be done.

California Penal Code section 240 defines assault as "an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another."  Actual contact or injury is not required to commit the crime of assault.  California Penal Code section 242 defines battery as "any willful or unlawful use of force or violence upon the person of another."  Contact with the victim is required but again no injury is required to commit the crime of battery.  

Most non-criminal attorneys will use the term assault to describe somebody going after them on the street.  If someone willfully (purposely) grabs or pushes another, that is a battery, but is often described as an assault.  If a person attempts to grab, push, or punch a victim, but misses, that is an assault.  Situations where the police are called but there is no arrest and there are no charges filed are typically minor in nature.  However, that does not provide any indication that the allegations are not true.  An investigation and police report could have easily been filed and forwarded to the DA's office but, with no injuries and no reason to believe it will recur, charges would not typically be filed.  

You moved the bar on truthfulness when you stated that the incident must not have been serious because we never heard of it and it didn't appear to have been investigated.  But we don't know whether it was investigated and the circumstances would determine whether the case is "serious."  If I am assaulted (someone attempting to grab, push, or hit me but failing) while I am walking down the street and the person clearly has mental issues, I wouldn't consider it very serious.  These things happen in the big city.  However, if I am similarly assaulted by a stranger on the street who recognizes me and is assaulting me because of who I am, I would consider it very serious.  Public figures are often the targets of violent and even fatal assaults.  

Ultimately, her description of a public assault seems likely based on the anger and vitriol we have seen directed toward her based on her choice to ski for China.  Can't we all simply agree that any assault on a person based on their Olympic choices is wrong?  Do we need to call them amoral and attack their credibility?  

For what it is worth, I was unhappy when she chose to ski for China and would much prefer she ski for the USA.  But, it is her choice and everyone if free to root for her success or failure in the competition.  

Cheers,
Pete F.