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The Public

Q: Manhandling an audience member

When I last attended a live show, I was unlucky enough to be dragged on to the stage by the cast. For several minutes I was subjected to complete humiliation for the amusement of my fellow theatregoers. I did not want to take part but felt I had no option. Are actors allowed to do this to people who have received no prior warning and have paid good money to see them perform?

A: No, they are not unless the persons concerned gave their consent to such treatment as a condition of being admitted to the performance, which I should to be highly unlikely. If you were physically manhandled on to the stage against your will and despite trying to resist, even if your resistance may in the circumstances have been somewhat halfhearted, such treatment would nevertheless constitute an assault, provided you made it clear that you objected and that your objection was genuine.

You could and should have protested both verbally and by offering physical resistance. I do not know what form the 'humiliation' took but again you could and should have objected by refusing to take part. I get the impression from what you say, however, about feeling you had no option, that you were indeed half-hearted in your objections and may have given the impression that you were entering into the spirit of what was going on by "hamming it up" and pretending to a reluctance which you did not feel.

On the other hand, if you did genuinely, vehemently and clearly object and were obviously an unwilling participant then, in the absence of any prior consent, you would have a right of action in damages for assault against the producer of the show and the individuals who manhandled you, but remember that there will have been many witnesses to your discomforture in the audience and some of them may not support your version of events. If the nature of the show was well publicised in advance and it can be shown that you were aware of the likelihood of audience participation and ridicule (which some members of the public appear actually to enjoy), then it may be argued against you that by taking a seat in the audience you impliedly consented to the format of the show and the possibility of being personally involved in it, although that would still not justify the use of physical force, nor would it negate your right to change your mind.

If it happens again, you should remain in your seat and say loudly and clearly 'I refuse to take part and if you touch me I will sue you for assault'. I think you will find that if you do this you will be left alone.

First published October 1997