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Assault and Battery

Assault and Battery. Assault = Any attempt or threat to carry out a physical attack upon another person. Battery = Any unlawful physical contact inflicted by one person upon another without physical consent Actual injury is not necessary Person must intend to do bodily harm.

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Assault and Battery

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  1. Assault and Battery • Assault = • Any attempt or threat to carry out a physical attack upon another person • Battery = • Any unlawful physical contact inflicted by one person upon another without physical consent • Actual injury is not necessary • Person must intend to do bodily harm

  2. Classifications for Assault and Battery • Assault with intent to Rob • Assault with intent to Murder • Aggravated Battery = usually an unarmed assault (unlike above) • Assault and Battery is often related to harassment, growing problem in many states • What is harassment?

  3. Stalking • Stalking = occurs when a person repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily injury • Women are usually the targets of stalkers

  4. RAPE • Traditionally, the law has recognized 2 Types of Rape: • 1. Forcible Rape = act of unlawful sexual intercourse with a woman committed by a man without her consent • Statutory Rape = sexual intercourse by a male with a female who has not yet reached the legal age of consent

  5. The Elements of Rape • Rape = only occurred when their was sexual penetration of the female by the male • Forcible = only occurred if woman did not give her consent • There is no consent if woman submits to sex due to threats of bodily harm or use of physical force • There is no consent if woman is unconscious or mentally incompetent • There is no consent if woman is impaired by drugs or alcohol

  6. Proving That Rape Occurred • Traditional burden of evidence for forcible rape = • Evidence that victim resisted • Very Controversial = Movement has been to focus on actions of the rapist not the response of the victim in court… • Is there a problem with this kind of approach? • Compare to Robbery and Assault = Do victims need to prove that they did not give consent to be robbed or assaulted?

  7. Proving Rape Occurred Cont… • Statutory Rape = • Consent is not the issue! • Sexual intercourse with an underage female is rape whether she consents or not • Mistake by a male as to the female’s age is not a defense • Age of consent varies by state • Ranges from 11-18 • Most states place age of consent at 16 • What do you think? • An underage male can be prosecuted for having sex with an underage female

  8. Proving Rape Occurred Cont… • A woman’s lack of chastity is not a defense to rape • A prostitute can be raped. • Cannot establish a pattern of behavior based on victims sexual history. • “Rape Shield Laws” prohibit the introduction of such evidence in court • To convict a person of rape, many states require various independent types of proof: • Doctor’s report • Police report • Witnesses • Story of the victim

  9. Acquaintance Rape • Also known as “date rape” • Introduced in recent years • Sexual assault committed by someone whom the victim knew: date, steady boyfriend, neighbor, friend, etc… • Many do not report assault in these cases • Many don’t know what defines rape…

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