Lawyer says Emiru’s TwitchCon assaulter could face one year in jail

A prosecuting attorney laid out the potential criminal and civil punishments the man who allegedly assaulted Emiru at TwitchCon could be facing.

On October 17, popular Twitch streamer and cosplayer Emiru was holding a meet-and-greet at TwitchCon when a male fan skipped to the front of the line, grabbed her, and attempted to kiss her.

Emiru’s personal security guard shoved the man away and he was able to walk out of the venue unscathed. According to the streamer, TwitchCon initially offered to ban him from their website for 30 days, but after discussions with her manager, they banned him from both the site and their live events “indefinitely.”

In a stream after the incident, Emiru confirmed that she will be pressing charges against the man and called out Twitch for their lack of security, accusing them of “lying” about what happened in their public response to her assault.

On November 4, a prosecuting attorney named Spencer, who often makes content with fellow lawyer Devin Stone on the Legal Eagle YouTube channel, broke down what kinds of criminal and civil charges Emiru’s assaulter could be facing.

TwitchCon assault could get man a year behind bars

To start, Spencer explained why Emiru might have difficulty arguing a case for sexual assault and battery against the fan — and it’s all because of how the crime is legally defined.

In California, the penal code defining sexual battery states that the attacker must touch an “intimate part” of their victim — and since the face, shoulders and lips are not considered “intimate parts” of the body by California law, it’s unlikely that the fan’s attempted forcible kiss would qualify.

“His actions were offensive, threatening, and unacceptable, but because of the technicalities of California’s law, he likely won’t be liable for sexual battery or attempted sexual battery,” Spencer said.

That being said, he did admit that a prosecutor likely wouldn’t have difficulty convincing a jury that the assaulter’s actions were “principally motivated for purposes of sexual arousal.”

While sexual assault and battery is likely off the table, Spencer did state that Emiru likely has a case for both non-sexual assault and battery.

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.” Past cases have placed forcible kissing under this umbrella, as seen in the 1907 Supreme Court case People v Bradbury, which found that “the kind of physical force is immaterial… it may consist in the taking of indecent liberties with a woman, or laying hold of and kissing her against her will.”

On top of that, People v Myers laid out that “‘violent injury’ is not synonymous with ‘bodily harm,’ but includes any wrongful act committed by means of physical force against the person of another, even although only the feelings of such person are injured by the act.”

Spencer says that, even though Emiru wasn’t physically harmed, she has a “pretty strong case” under California’s assault law, saying all she has to do is prove there was “an attempt and an ability to cause some kind of harm” toward her.

On top of that, Spencer explained that it’s highly likely Emiru can also argue a case for battery, which is defined under California law as “any willful and unlawful use of force or violence against the person of another.”

Given that Emiru’s attacker appeared to forcibly grab her, Spencer argues that this constitutes an “unlawful use of force” against the streamer.

Misdemeanor assault carries a maximum penalty of 6 months in jail and a $1,000 fine. Simple battery carries a similar maximum penalty of six months in jail, a $2,000, or both combined.

This means that, if Emiru is able to successfully win her case against the fan, he could land in jail for a year and face a few thousand dollars in fines. Spencer also noted that Emiru could pursue a civil lawsuit against him, citing compensatory damages and punitive damages.

It’s worth noting that no public information has yet been given regarding the state of Emiru’s legal case against her attacker. In a stream discussing the topic, she claimed that police were attempting to get information from Twitch, but said the company wasn’t turning over the name of the man.