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

by

The lawyer handling the case explained the possible criminal charges and civil lawsuits the man accused of assaulting Emiru at TwitchCon could face.

During a meet-and-greet at TwitchCon on October 17th, Twitch streamer and cosplayer Emiru was unexpectedly grabbed and kissed by a male fan who pushed his way to the front of the line.

Emiru’s security guard pushed the man away, allowing her to leave the event safely. Initially, TwitchCon offered a 30-day ban from their website, but after speaking with her manager, they decided to ban him from both the site and all future live events permanently.

Following the incident, Emiru announced she will be pursuing legal action against the attacker. She also criticized Twitch, claiming their public statement about the assault was dishonest and highlighting what she sees as their insufficient security measures.

On November 4th, Spencer – a lawyer who regularly collaborates with Devin Stone on the Legal Eagle YouTube channel – explained the potential criminal and civil charges facing the person who attacked Emiru.

TwitchCon assault could get man a year behind bars

Spencer began by explaining why it might be legally challenging for Emiru to pursue a sexual assault and battery case against the fan, focusing on the specific legal definitions of those crimes.

California law defines sexual battery as unwanted touching of a person’s ‘intimate parts.’ Because the face, shoulders, and lips aren’t legally considered ‘intimate parts’ in California, the fan’s attempt to forcibly kiss someone likely wouldn’t be considered sexual battery under the law.

Despite his deeply inappropriate and alarming behavior, California law makes it unlikely he’ll face charges for sexual battery or attempted sexual battery, according to Spencer.

However, he acknowledged that a prosecutor would probably be able to convince a jury the attack was mainly driven by sexual desire.

Hi everyone, I’m doing okay and so grateful for all the supportive messages – I’m sorry I can’t reply to them all! 🩷 Yesterday, the person who attacked me was able to get past security at TwitchCon and even approached me during another creator’s meet and greet, grabbing my face and attempting…

— emi ⭐️ (@emiru) October 18, 2025

Although serious sexual offenses probably didn’t occur, Spencer believes Emiru could potentially win a case for simple assault and battery – meaning physical harm or unwanted touching that isn’t sexual in nature.

Under California law, assault is defined as a deliberate attempt to harm another person, when the attacker has the immediate ability to do so. Courts have previously determined that unwanted, forceful kissing can be considered assault. For example, a 1907 Supreme Court case, People v Bradbury, established that the type of physical force doesn’t matter – even unwanted touching or kissing someone against their will can meet the legal definition of assault.

The case of People v Myers clarified that “violent injury” doesn’t simply mean “bodily harm.” It defines violent injury as any harmful act done with physical force against someone, even if the harm is primarily emotional or psychological.

According to Spencer, Emiru could still have a valid assault claim under California law, even without physical injuries. She just needs to demonstrate that someone tried to harm her and had the means to do so.

Additionally, Spencer pointed out that Emiru could potentially claim battery occurred, which, according to California law, means any intentional and illegal physical harm or unwanted touching of another person.

Spencer believes the way Emiru’s attacker grabbed her was an illegal use of force.

A misdemeanor assault conviction can result in up to six months in jail and a $1,000 fine. Simple battery carries a similar penalty, with a possible jail sentence of up to six months, a $2,000 fine, or both.

If Emiru wins her legal battle against the fan, he could face up to a year in jail and be required to pay several thousand dollars in fines. Spencer also mentioned that Emiru could separately sue him for both financial compensation and additional punishment.

There haven’t been any public updates on the legal case Emiru filed against her attacker. During a recent livestream, she stated that police are trying to get information from Twitch, but the company is reportedly refusing to release the attacker’s name.

Twitch CEO Dan Clancy addressed the recent situation in a post on X, acknowledging that the company didn’t adequately protect streamer Emiru. He also pledged to enhance security measures at future TwitchCon events.

Read More

2025-11-05 02:20