Assault, Battery, and Crimes against Persons Assault is a deliberate action by someone that makes an apprehension in another of an impending damaging or aggressive contact. An assault is carried out by a promise of bodily harm joined with an actual, current capability to cause the harm. It is considered both a tort and a crime and, consequently, could end in either civil liability or criminal. Battery is considered a deliberate unwanted act that may cause offensive or harmful contact with the person or another. It is alarmed with the right to not have someone touch your body when not permitting it. According to USLegal, crimes against persons are an offense that, by its nature, involves a substantial risk that the offender will intentionally …show more content…
Any type of groping, unwanted or unwelcome touching, or harming of someone else would constitute the charge of battery. Battery is considered a much more serious criminal charge in most of the fifty states in the fact that it would constitute actually someone inflicting violence or harm onto another person. It can be in the form of sexual or physical abuse, and it does not have to be forceful enough to leave a mark. According to HG.org (2014) no matter what the circumstances are regarding the situation, inflicting harm onto another person will result in criminal charges and possibly a civil case against the defendant. If the same person follows through with the punch and connects with your body, you’ve been battered. Assault and battery are so intertwined that they are often referred to as one cause of …show more content…
Consensual, meaning you are giving someone permission to perform an act for you. It is not the absence of a no but the presences of a yes, it is freely given but not being pressured into giving and it can be revoked at any time and can be revoked at any given time. Giving consent would mean that both parties in a sexual encounter has agreed to it, and both persons have the right to decide at any time that they no longer give their consent and want to stop the
You can be charged with, and convicted of simple assault even if no one was physically hurt by your behavior. As a result, far too many people who have no criminal history, and never thought they were doing anything that was against the law, get convicted and
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
Defences of Assault and Battery In most crimes there are always defences to the offence that has been
The main elements of assault would be an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. The act for assault must be overt and direct. Words alone are insufficient, however if the words are part of a threat that influences the assault. A threat alone is not an aggravated assault, although if the threat is combined with a weapon or fist- it can become sufficient enough to constitute aggravated assault.
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
Hitting an individual is an act of battery while threatening the person is an assault; the
beatings. The same can be achieved by the assaulter by threatening someone with a gun. This
It is considered to be any attack of a sexual nature such as kissing, touching, and intercourse in which force is used. Physical injury is not necessary to prove that an offence has occurred. When tried as an indictable offence, simple sexual assault carries a maximum penalty of 10 years imprisonment. R. v O’brien, 2017 SKQB 88 and R v Martell, 2012 SKP cases relate to simple sexual assault also demonstrates the charges given to the offenders that commit simple sexual assault. As a matter of fact, on June 15, 2016 the victim went to the home of Mr. O’Brien. The two had been involved in an incident. Mr. O’Brien tried to hug and kiss the victim and she told him that she did not want him to do that. She then went to the bathroom for 15 to 20 minutes. After she returned he lifted her up and put her on the bed, which was in the same room. He tried to hug and kiss her and attempted to undo her pants. She pushed him off and told him “no”. The victim started to kick Mr. O’Brien and Mr. O’Brien then put his hands around her neck for approximately 5 to 10 seconds. He then stopped and removed his hands of his own accord. This left redness around her neck. Mr. O’Brien told the victim he was sorry and asked the victim not to tell anyone. The victim then left his residence. Mr. O’brien then had arrested and served roughly a total of 14.3 months in custody. Moreover, in the second case the offender and the victim were
Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. According to the Crime Victim Research and Treatment Center 1.3 adult women are sexually assaulted in the United States every minute. (1) Of these assaults 84% of the attacks occur by someone the victim knows. The Senate Judiciary Committee the United States sighted the United States as having the highest rate of sexual assaults per capita in the world. (1) Unfortunately the majority of sexual assaults that occur against women go unreported. Only 31% of sexual assaults that occurred in 1996 were reported to law enforcement authorities. (1) The problem of sexual assault is increasing. In the year 2000 the number of sexual assaults against women had increased by 16.5%. (1) A woman's reaction to sexual assault can vary. Feelings of guilt, being ashamed, intense anger, and denial are common. In addition a woman can feel stigmatized by those around her and her community.
What is sexual assault? Sexual assault is, “any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape” (Sexual Assault).
The serious crime I chose to rank the big cities with is aggravated assault. Aggravated assault can be defined as an unlawful attack by one person upon another for the purpose of inflicting severe bodily injury (Uniform Crime Report, 2014). This type of assault is usually accompanied by the use of a weapon or by other means likely to produce bodily harm that results in death. According to the FBI’s uniform crime reporting statistics, there were approximately 724, 149 aggravated assaults in the United States, with approximately 229.1 per 100,00 inhabitants (Uniform Crime Report, 2014). Of the aggravated assault offenses reported to law enforcement officials, it was determined that 27 percent were committed with a personal weapon, firearms were used in 21.6 percent of the assaults and knives or other cutting instruments were used in 19.1 percent of the assaults (Uniform Crime Report, 2014).
Men are usually more aggressive, and women are seen as passive. Vogelman: This socialization process is changing, but slowly. Rape is non-consensual sexual intercourse that a male performs against a woman whom he is neither married to or cohabiting with. The definition of rape changes by geographic location.
Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.
Sex crimes include acts considered as either sexual abuse, or a non-tolerable behavior considered inappropriate to social norms. The law forbids certain sexual acts, despite expressed consent from both parties. Sex laws vary from region to region, and may evolve over time. Furthermore, sexual acts forbidden by law in a proscribed jurisdiction are coined as sex crimes.
Sara Alcid in her January 2013 article “Navigating Consent: Debunking the “Gray Area” Myth” in Everyday Feminism Magazines says “Silence, “ouch,” or “maybe.” are interpreted by some as expressions of consent because a defined and clear “no” wasn’t uttered. This is, of course, false.” Survivors of sexual assault never ask for it. There is no such thing as “consensual assault”.