What does the law say about farting in bed and not lifting the sheets? Would I have a case against someone who does that every night? Sincerely, Ima's wife PS. Is it still assault if the assaulter asks you to pull his finger beforehand?
I will answer the easy question first. You can't sue for the pulling of the finger because by pulling Ima's finger, you consent to his fart. So no matter how bad it might smell, you consented to his action. No case for assault or battery. You might have a case if you were under duress and forced to pull his finger. The farting in bed is a bit trickier because it will depend a lot on the facts. One might argue that by consenting to sleep with him in the same bed, you consent to what activities occur in the bed. You can't sue for assault if you were asleep or had you back towards him. In such a scenario, you might have a case for battery once the smell hits your nostrels. If it was really cold or something and you saw the fart gases coming towards you, then you can use for assault and battery. You are also going to have to provide evidence that his actions were intentional (i.e. he smiled at you, farted, and then used forced to hold down the blanket! ).
