The 2023 Barbie movie was a blockbuster hit with powerful messages of self-discovery following an existential crisis as well as handy tips for fighting the patriarchy. The movie also features an iconic scene of Barbie and Ken getting arrested after Barbie instinctively punches a beachgoer in the face after he groped her backside. It got us thinking, would Barbie be facing an assault charge in this scenario, and if so, how serious of a charge, and does she have a valid defense?
To start, there are five different degrees of assault in Minnesota with first-degree assault being the most serious. The least serious assault charge is fifth-degree assault which requires a showing that an individual acted with the intent to cause fear of bodily harm in another or actually inflicted (or attempted to inflict bodily harm) on another. Unfortunately for Barbie, punching someone in the face likely qualifies as intentional infliction of bodily harm. Thus, Barbie could be looking at a misdemeanor fifth-degree assault charge for punching the “groper” in the face.
But the guy groped Barbie first, so was Barbie justified in punching him? Well, Barbie could try to argue self-defense. In order to successfully argue self-defense, Barbie has what is called a burden of production, meaning the onus is on her to show four elements: (1) she did not provoke the groper; (2) that Barbie believed she was in imminent danger of bodily harm; (3) that her fear of bodily harm was reasonable; and (4) that she had no reasonable way to retreat. Once Barbie has met her burden of production on these four elements, the burden then shifts to the state where they need to prove beyond a reasonable doubt that it was NOT self-defense. Worth noting is that self-defense does not allow a person to seek revenge or “take matters into their own hands” so Barbie would need to overcome that obstacle, but a jury might be sympathetic toward her and feel that the groper got what was coming to him.
And what about Ken? Well, it doesn’t seem that the police had any valid reason to arrest Ken for Barbie’s actions. But in the end, he’s just Ken.
If you are charged with an assault, you may have a viable defense of self-defense. One of the attorneys at Brandt Kettwick Defense would be happy to review your case at no charge to determine the viability of a self-defense argument.