Presentation on theme: "Assault and battery are often mentioned together, but they are in fact two separate crimes. Battery is a nonconsensual, intention, or wrongful physical."— Presentation transcript:
Assault and battery are often mentioned together, but they are in fact two separate crimes. Battery is a nonconsensual, intention, or wrongful physical contact with a person that results in injury or an otherwise offensive touching. The physical contact does not need to be applied directly for it to constitute battery. For instance, if you cause your pitbull to bite the victim, you have committed a battery without actually touching the victim yourself. A battery that causes a serious injury that is committed with a deadly weapon or is committed by an adult male against a child, a woman, or a police officer is considered aggravated battery and is punishable by a longer prison term. Carlos is shopping in a grocery store, trips over his shoelaces and knocks a display of soda cans onto an eight-year-old girl, causing a bump on her head. Has Carlos committed a battery, an aggravated battery, or no crime at all? Write two or three sentences for your answer.
Assault & 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 person Injury not necessary Person must have intended to do harm (guilty state of mind)
However… Today, there’s not much of a difference in law or practice between the uses of the words “assault” and “battery”
Rape Two types: Rape & Statutory Rape Rape: sexual intercourse without consent Statutory rape: intercourse between an adult and a minor
Rape Sexual intercourse REQUIRES consent. – There is no consent if victim is… Unconscious Mentally incompetent Impaired by drugs or alcohol Although commonly associated with males, perpetrators can be either male or female.
Statutory Rape Differs from rape in that lack of consent IS NOT an element of the crime – MINORS ARE INCAPABLE OF GIVING LEGAL CONSENT Age of consent in Illinois = 17 Statutory rape is a strict liability crime. – The legal responsibility for damage or injury, even if you are not negligent