I believe a judge would dismiss the case on the pleadings if you could demonstrate that the couple had acted in such a way that a reasonably prudent person could conclude that a crime was being committed, and that the level of force used was appropriate. If the "gentleman" in question recieved his injuries during the passerby's attempt to subdue and or prevent escape, there is no grounds for a claim (now if the passerby had continued to beat the assailant after he had been subdued and immobilized, that would be a different question)
As far as the woman, a reasonable person could conclude that by agreeing to participate in such an activity, she was assuming the risk of discovery, and should have no valid clame against a passerby who reasonably thought he was coming to her aid. |
