Hey, darlin', you just can't put your hands over your mouth and say, "I'm so sorry" and make everything right. And although you don't need to be arrested for assault*, you do need to be arrested for being stupid. Then again, the same goes for the guy in the water.
(Note: I had to look up "party foul". I could kind of guess, but that's not exactly a term I hear every day.)
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*Assuming this was in Texas (it had to be, right?), Texas Penal Code 22.06 says,"CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. The victim's effective consent . . . is a defense to prosecution under Section 22.01 [Assault], [or] 22.02 [Aggravated Assault]"