Defences of Assault and Battery In most crimes there are always defences to the offence that has been
committed, for example, if one is charged with murder, then a defence
of either provocation or diminished responsibility can be raised.
There are other defences such as mistake or intoxication.
In this case one will discuss when the defence of consent can be used
against a criminal charge.
For this essay we will be looking at the defence of assault and
battery, consent. But first we have to discuss what is assault and
battery.
Assault and battery are separate crimes, under S.39 of the Criminal
Justice act 1988. This was confirmed in the case of DPP vs. Little
1992.
In legal terms an assault means to cause V to apprehend force, for
example, waving a fist at someone's face is deemed an assault, while
battery means to apply force to V; for example, punching someone in
the face is a battery. Usually the two crimes are committed close
together. So for instance, drawing your fist back is an assault, and
then throwing the punch and connecting is a battery. Hence assault and
battery.
In the case of R vs. Clarence 1888 P consented to intercourse with D,
despite D knowing that he was suffering from a venereal disease, which
P did not know about. D was convicted of assaulting her, but his
appeal was allowed. It was held that because P consented to
intercourse with D there was no assault.
However, consent is not a defence to any offences under S.47 of the
Offences Against the Persons act 1861; this deals with assault
occasioning actual bodily harm (A...
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...medical attention was ever needed and there was no
permanent injuries where sustained. The police discovered the
activities by accident. All members were charged with various
offences, including ABH under S.47 and wounding under S.20.
They were convicted, and there appeal was dismissed.
It was held that in the opinion of the majority, public policy
requires the conviction of men participating in consensual
sadomasochistic homosexual encounters resulting in ABH and wounding,
so to protect society against a cult of violence with the danger of
corruption of young men.
This case shows that even though all men had consented to what they
was doing there was still no defence to what they had taken part in.
As it was said above crimes that affect and could influence the
society is a crime that should be convicted of.
After the viral trend of police brutality, state and defense attorney gathered to determine if a Phoenix Police officer is the victim or villain during oral arguments on Friday, Sept. 25, at the Maricopa County Superior Court.
Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The adage of the adage. The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.... ... middle of paper ...
The Hunting Ground, directed by Kirby Dick was a great eye opener and was amazing to watch to get a realistic view of what goes on throughout college campuses. As the film continued on following the lives of several undergrad students who had been sexually assaulted it got me to think, why? Even after watching it twice I still was in shock by the endless amounts of victim blaming these prestige’s schools were putting on their students.
One day, I went to the superior court in Boston and to the District court. One of the cases that I observed at the Superior court was a case of assault and battery that happened at a train station on August 2014. an African American male who pushed a young male on a train track at South Station MBTA. During the court session, everyone gathered together to hear the assault and battery case that take place at the train station.
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.
Karen Horney was born September 16, 1885, to Clotilde and Berndt Wackels Danielson. Her father was a ship's captain, a religious man, and an authoritarian. Her mother, who was known as Sonni, was a very different person -- Berndt's second wife, 19 years his junior, and considerably more urbane. Horney's childhood was one of some distress. She felt like her father loved and respected her brother much more than he did of her. Yet he would take her on sea trips with him, and would buy gifts for her. She distanced her self from her father, and grew to recent him. She turned to her mother who gave her the love and respect that she desired.
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.
Life has so many exciting events that happen, from birth to having a family and one of those events is going to college. High school students prepare everything to be accepted by their dream college. In college, there are many opportunities and excitement,. But with all happiness, there’s always a negative to coincide. A very big problem that is rampant among big college campuses is sexual assault. One in five women will be sexually assaulted while attending college and yet sixty-one percent of cases are unreported. Why is that? How come so few are heard? The reason why most on campus sexual assault cases go unheard or unreported is because the college or university has their attention focused on income rather than the well-being of their own students. This is coupled with the fact that
As of late, self-defense has been a very controversial topic thanks to the trial and acquittal of George Zimmerman in the murder of Trayvon Martin. This case gave American’s the cause to question Stand Your Ground Laws, the President of the United States Barak Obama even showed his concern for our nation. Many people felt that Zimmerman was acquitted due to a racial bias, but in accordance with Stand Your Ground laws and other self-defense statutes it is clear that this is not a racial issue. George Zimmerman is a 33-year-oldHispanic man running a neighborhood watch in his affluent gated community in Sanford, Florida. On the evening of February 26, 2012 Trayvon Martin, a 17-year-old
Stand-your-ground law is a type of self-defense law that allow an individual to use deadly force if he/she felt that their life is in grave danger. The Controversy behind Stand-your-ground law is often criticized for encouraging violence. Critics claim that the laws lead to a "shoot first, ask questions later" attitude that results in more injuries and deaths than would occur without the law. Stand-your-ground law was passed by the former Florida governor Jeb Bush in 2005. Afterward, many other states have followed mostly the Republican States. The laws expand on the "Castle doctrine," which says that a person is protected under the law to use deadly force in self-defense when his or her property or home is being invaded.
Picture this. You are heading off to college to begin the next chapter of your life. It is a moment you have always been waiting for. You are past the high school drama, and are ready to start taking classes that will allow you to obtain a degree in something you have always been passionate about. It’s your first week on campus and you are invited to a party being hosted by a group of upper classman. You show up to the party and immediately are handed a red cup with what you know is something you shouldn’t be drinking. You take a sip anyway and soon start talking to that guy in the corner who at first seems friendly, but soon begins to take advantage of you. Just like that everything changes. This is a situation millions of people face every
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
Imagine that your daughter is walking home from the store. A man in a black car starts following her. He gets out and begins to follow her by foot. You daughter begins to run in fear. The suspicious character begins running after her. She stops and decides to face her fear. She knees him and pepper sprays him. Seconds later, shots were fired leaving your daughter dead. She is the aggressor and he is justified for shooting her in “self-defense” under the stand your ground law. The stand-your-ground law is a law that states that an individual has the lawful right to use any level of forces, including lethal force, if they are faced in any situation where they feel harmed. The first “stand your ground” law was passed in April of 2005 in Florida.WHile the “Stand Your Ground” law can be used as self defense, it puts the lives of African American youth in danger by allowing people to take unfair advantage of the law: therefore, O.C.G.A 16-3-23.1 should be prohibited.
Cheryl, sixteen, trainer for her high-school girl's volleyball team and photographer for the school newspaper, arrived at the gym at about 9:00 Saturday for a volleyball tournament. She left her purse and equipment with friends while she went to the restroom. When the game started and she hadn't returned to the team's bench, her friends went to look for her. Her raped body was found behind some stage backdrops on the balcony of the school auditorium(Booher 12). Sexual harassment and rape are prevalent in all aspects of society.
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability from a criminal offence. Insanity, automatism and diminished responsibility are examples of said defences. They each share characteristics but can be distinguished in their scope and application.