A civil lawsuit would be foolish and unproductive. However, a criminal prosecution does not require that the victim make a formal complaint. While Smith, if convicted, would likely receive diversion and counseling, rather than jail time, a prosecution for such a public offense would send...
For those opining that a bad (or hurtful) joke is an assault, or that a slap is not criminal conduct, a look at California's defining statutes may be instructive. A verbal insult is not an assault and any offensive touching can be a criminal battery.
Penal Code Section 240: An assault is...