Draco as Victim in GoF (was: Re: The Huge overreactions...)

[Joe Goodwin]

No: HPFGUIDX 150291


Betsy Hp:
Draco's words are provocative. They do not constitute a "hate crime" 
(there'd have to be a specific statute regarding the use of the 
word "mudblood" or attacks against "muggleborns" or "blood traitors" 
which, obviously there's not) but they could constitute "terroristic 
threatening".  If no one physically assulted Draco, Harry and 
friends could have pressed charges, and at that point they would be 
considered the victims.

But Draco and Crabbe and Goyle were attacked.  And if police had 
been called to the scene to find five armed wizards standing over 
three unconcious wizards with wands holstered, the three on the 
ground would be considered victims.  Harry and friends would be 
taken into custody and Draco and friends would be taken to a 
hospital.  Harry and friends might protest that they were provoked, 
but it wouldn't stop the legal wheel from turning.
   
  Joe: 
That isn't entirely true. If in their minds the words were threats that were reasonable and they had reason to believe that the speaker would harm them then they could act legally. Remember the phrase "I was afraid for my life officer." is what is important. Draco, Crabbe and Goyle all have weapons on them capable of killing and the trio know this. I can very easily see people getting away with a modern day version of this.
  
Victim also implies powerlessness where in fact Draco and his ilk had to go out of their way to get beat down. Muggle law aside I have no doubt that Harry and pals did the absolutely right thing. People will treat you as you let them and Draco's little speach went way beyond tolerable. Some things cannot be borne and sometimes you have to stand up for your selves.
   
  Here's the real test though. I bet if you took a thousand good kids and put them in Harry's position they would have done the same thing. Not letting Malfoy make a mockery of what happened was the right thing to do the only wrong thing was that they had to do it in the first place.
   
  As people sometimes say in my region "He needed beating."
   
  Joe