But you still have the guys who emotionally abuse people.
Some people were brought up not knowing any other way to speak, for example people who proverbially have no filter, they just say the honest truth that comes to mind.
Some people have turrets syndrome where they can't help the words they say, that might end up being deeply emotionally scarring to you. For example, if you were raped as a child, but you mentally suppressed that memory then one day while being cursed out by a person with turrets he says something to trigger that memory he now would be charged with emotionally breaking you. When he can't even control it.
Then there's this special cult like group, similar to to the movie yes men, where people sign oaths that they will say what comes to their mind all the time. This oath they take cause them to say, not only the truth, but whatever thoughts they have at all. No lying, not even by omission. So what if in the heat of one of their outbursts they, again, triggered that memory of yours and emotionally scar you.
Not to mention the tempers of the people who might be emotionally broken.
There are people with naturally low self esteem where saying something as simple as "You're fat and ugly" could be enough to make them want to try suicide.
What about cases where two people are in an argument and words are exchanged to the point where one party, with substantial dirt on the other party, begin to list off things that could scar this person for life. Are you saying that in this situation where an argument is happening that not only are we not legally allowed to fight that person, but now we don't have the 1st constitutional right to freedom of expression?
Getting your feelings hurt isn't really breaking someone.
I don't really see the difference. it's like being tipsy and being wasted. It's just varying degrees but you can't drive while in either condition. So if we are going to be arresting people for 'emotionally breaking someone' then next thing we're going to be doing is arresting people for 'hurting others' feelings'.
Breaking someone down emotionally would be terrible. Constant derogatory words or phrases or even body gestures over time will break someone
People have a self worth thing where they can hear, and either disregard or take in completely all the ill words people spout at them. Some people have stronger will than others. We have a law that you can't kill, or try to kill someone. if you kill someone boom jail sentence. if you try to kill someone but they best you boom jail sentence also. According to that policy we would have laws for emotionally breaking someone, and now trying to emotionally break someone even if they were't affected by your attempts.
I can't even imagine this not being illegal.
Don't take this the wrong way, but that's odd seeing how it isn't. We have a rule in place to deal with constant harassment, where you can have that person either arrested for physically coming at you or have a restraining order set against them to prevent any further interactions, but as for having people get arrested because they messed up someone with low self esteem actually seems ridiculous to me.