Differences And Similarities Between Assault And Battery

1681 Words4 Pages
bulb-icon

Recommended: Rape in America

In this research paper it explains the fundamental difference and similarities between assault and battery and how they both affect a person against crime and their victims. Assault and battery are used to indicate an offense or just one.When dealing with the two offense battery has to occur when dealing with assault. Assault and battery are common law crimes that we have in the American jurisdiction system. The history about sex crimes such as rape and sexual assault and harassment goes back to the english days where rape was against property and not the person. When either the father of the daughter or the husband wives were raped it would be considered theft of his property. The raped laws in the old english days protected the interest …show more content…

Assault and battery are both a combination of threat to the victim and physical harm. they both are crimes and they both are regulated by statutes. Self defensive plays a role in both Assault and battery and intentional tort.The difference between Assault and battery is that they have different charges, assault has the charge of a felony and battery has the charge of misdemeanor.Also between the two is the existence and the nonexistence of touching. What makes these differ is that direct battery involves physical contact with the victim body being harmed by the defendant. Battery has three elements to it which is conduct, mental state and harm done. Conduct would be a case of battery that encompasses the physical act performed by the defendant.Next theirs the mental state battery charges if the person acts with eighter intent or injury or just criminal neglince and last there is harm which is anytype of bodily harm done to the victim that injurys them. When it come to the defendant it can give rises to as a criminal liability. Having a exposure is the element of battery. Assault is when a person is charged with a felony for threatening a person or frightening by the defendant. Assault is a created action that apprehensions in a forthcoming of harm or offensive contact .A direct Assault does not have physical contact but would be hard to prove because it’s more over words than actions without proof of physical contact.Good examples for Assault and Battery is Throwing of a knife to a person and hitting them is battery and assault is when the knife is thrown striking them and it misses it’s

Show More
Related

  • Victiology: A Review Of Criminology

    958 Words  | 2 Pages

    Victimology is a scientific research and study with insights on the issues and patterns of victimization. These issues lead to inquiries regarding relationships of the parties, the vulnerabilities of the victim, and the attacker’s affect upon the victim and the other individuals that surrounded said victim. Understanding the relationships, the victim, the attacker, and the crime open up theories to patterns developed from such victimization. Moving through this process in preparing, equipping, and training for said crimes enhances

    Read More

  • Sexual Assault in Australia

    715 Words  | 2 Pages

    Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).

    Read More

  • Sociological Analysis of Sexual Assault

    1560 Words  | 4 Pages

    Sociological Analysis of Sexual Assault This essay will examine the social and cultural conditions, within the macro-diachronic and micro-synchronic theoretical models, that intensify or perpetuate sexual assault. I have chosen only one concept from each model because these are the only concepts that I feel that I can use to most accurately and comprehensively depict causes and reasons for why sexual assault is deeply entrenched in our social structure. I will thus explore, from these ideological viewpoints, some of the motivations and circumstances that lead offenders to sexual assault. I will also fuse some of the historical attitudes from which today's concepts have evolved into our contemporary understanding of these social phenomena. However, it’s important that we look beyond both offenders' motivations and history, and to the greater sociological view, if we are to correctly reconstruct acts of violence such as sexual assault.

    Read More

  • Rape on College Campuses

    1927 Words  | 4 Pages

    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.

    Read More

  • A Comparison of Sexual Predators

    1435 Words  | 3 Pages

    One of the most common dissimilarities amongst rape criminals is the likelihood for re-offense. There are many different driving factors for sexual abusers in general, but this topic can be further expanded upon through the classification of serial rapists and single-victim assailants. Being of these two categories has a high effect on violence prevalence during the act, apprehension and conviction of the perpetrator, and geographic location of the crime itself.

    Read More

  • Sexual Assault Essay

    1660 Words  | 4 Pages

    Sexual assault is defined as a type of behaviour that occurs without explicit consent from the recipient and under sexual assault come various categories such as sexual activities as forces sexual intercourse, incest, fondling, attempted rape and more (Justice.gov. 2017). People often become victims of sexual assault by someone they know and trust (Mason & Lodrick, 2013) which is conflicting to the public’s perception and beliefs that offenders are strangers. Women are the main victims for sexual assault and are 5 times more likely to have been a victim of sexual assault from a male (Wright, 2017, p. 93). Men are victims of sexual assault however only 0.7% of men, compared to 3.2% of women, experience some form of sexual assault which highlights how vulnerable women are compared to men. Sexual assault is publicised and exposed in the media, however is often

    Read More

  • Suicide Victims and Homicide Offenders

    2101 Words  | 5 Pages

    Ullman, S. E., Filipas, H. H., Townsend, S. M., & Starzynski, L. L. (2006). The role of victim-offender relationship in women’s sexual assault experiences. Journal of interpersonal violence, 21(6), 798-819.

    Read More

  • Sexual Assault And Sex Assault

    1245 Words  | 3 Pages

    A survey from the Association of American Universities of 150,000 students found that more than one in four women experience sexual assault during their four years in college. Over the four year college period, 27.2% of female students are victims of unwanted sexual contact that ranges from touching to rape (6). Sexual assault is far too common and it is an epidemic that faces many students in college. Many students suffer from the consequences of sexual assault, which is a result of many social and cultural deficiencies, but it can be fixed through a multifaceted approach. The problem of sexual assault can be fixed through the education of the community, a positive and helpful school environment, and classes focused on prevention.

    Read More

  • Assault Battery And Crime Essay

    1113 Words  | 3 Pages

    Battery and assault fall under the law of tort, which is an amalgamation of obligations, rights,

    Read More

  • Sexual Assault Case Study

    984 Words  | 2 Pages

    Sexual assault is a global issue, where individuals fall victim every day. Sexual assault does not have; an age, race, sex, religion, or sexual orientation, it has no preference. Since fear has a powerful effect on people can it prevent and individual from reporting a sexual assault. My question is, why do individual not report sexual assaults committed towards them? Individuals may fear that their assault will harm them and retaliate against them for disclosing the incident to anyone may prevent them from reporting the incident. I intend to show that an individual’s fear of their assaulters causes them to not report a sexual assault committed towards them. Also, discuss if there is a relationship between fear of their

    Read More

  • Tactics Abusers Use to Control Their Victim

    1554 Words  | 4 Pages

    On the news stories of girls being raped, killed, and dumped air frequently. This act happens more than it should, if possible it should never happen. In families it happens every day of their life. Sexual abuse occurs, for most victims, with someone they know. “Any situation in which you are forced to participate in unwanted, unsafe, or degrading sexual activity is sexual abuse. Forced sex, even by a spouse or intimate partner with whom you also have consensual sex, is an act of aggression and violence. Furthermore, people whose partners abuse them physically and sexually are at a higher risk of being seriously injured or killed” (Smith and Segal).

    Read More

  • Interpersonal Violence

    1964 Words  | 4 Pages

    Because of the use of numerous readings we were able to discuss and have a meaningful understanding of interpersonal violence including intimate partner violence, stranger violence and child abuse. This paper showed the differences in male/female offenders and victims and showed different crimes. These studies proved that things change throughout the years; such as who the offender and victim are, what makes them offenders of victims and the places and crimes committed.

    Read More

  • Victims of Forcible Rape

    2209 Words  | 5 Pages

    In more recent years, however, things have begun to change. In the 1970s, the feminist movement began to draw attention to the plight of women who had been raped (Karmen, 2010). With the discovery of the victim’s plight, laws began to be put into place to help convict the offender and defend the victim. Today, rape is still a crime punished by death in some countries, and it is even scorned by other inmates within the walls of a prison (Macdonald, 1975).

    Read More

  • The Issues Posed by Blaming Victims of Rape

    1300 Words  | 3 Pages

    Blaming the victim of rape is a well-documented phenomenon which may be subtle in its presence, such as when one makes unrealistic statements about what the victim could have done to protect themselves; alternatively, it may take the form of outright displacement of the blame for the entire crime, an example being one saying the victim was asking for it. As a result of this widespread and sometimes subtle presence in the cultural psyche, victim blaming not only finds itself in the minds of random citizens whose beliefs alone have little effect on the lives of others, but in the decisions made by those in the Criminal Justice System who find themselves involved in rape cases. As a result of the ubiquitous and fallacious attitudes towards rape that seep into the Criminal Justice System from larger society, victim blaming creates bias in a system which should be without anything of the sort.

    Read More

  • Rape Of Dominance Essay

    1632 Words  | 4 Pages

    In today’s society marital rape, acquaintance rape, and stranger rape, is a huge crime all around the world. There is a difference between marital rape, acquaintance rape, and stranger rape. Martial rape is when a spouse forces you to have sexual intercourse without ones consent, and it is expected that the wife does her “duty” as a wife to have sex with her husband. An acquaintance rape is with someone that you just met, or dated in the past, or even a fiancé. Stranger rape occurs when someone that you’ve never met forces sexual intercourse upon someone without consent. Because of our patriarchal society, marital rape has become an accepted and overlooked part of society. Whether rape is a crime of sex, sexism or dominance, it is a serious crime and must not be taken lightly. The effects that it has on the individual getting assaulted are not only physical, but mentally damaging.

    Read More

More about Differences And Similarities Between Assault And Battery

Open Document