Assault, Domestic Violence, Stalking and Elder Abuse Chapter 8 Assault, Domestic Violence, Stalking and Elder Abuse

Definition of Assault Assault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, in not prevented. The intention to harm is of the essence. Mere words, although provoking or insulting, are not sufficient.” (Naler v. State, 1933).

Another Definition of Assault Assault is “an intentional, unlawful act of injury to another by force, or force directed toward another person, under circumstances that create fear of imminent peril, coupled with an apparent ability to execute the attempt, if not prevented.”

The Term Assault is Synonymous with Battery. Simple assault is intentionally causing another person to fear immediate bodily harm or death or intentionally inflicting or attempting to inflict bodily harm on the person. Aggravated assault is an unlawful attack by one person on another to inflict severe bodily injury.

Elements of the Crime of Simple Assault are Intent to do bodily harm to another Present ability to commit the act Commission of an overt act toward carrying out the intention

Aggravated Assault An additional element of aggravated assault is that the intentionally inflicted bodily injury must have resulted in one of the following: A high probability of death Serious permanent disfigurement Permanent or protracted loss or impairment of the function of any body member or organ or other severe bodily harm

Special Challenges in Investigation of Assault Distinguishing the victim from the suspect Determining whether the matter is civil or criminal Determining whether the matter was intentional or accidental Obtaining a complaint against the offender Sometimes such calls are dangerous for responding officers

The Preliminary Investigation Control and disarm those involved in the altercation Provide medical aid to injured people Separate Suspects Protect crime scene Give Miranda Warning if applicable Obtain preliminary statements Photograph evidence Collect and preserve evidence Reconstruct the crime

Proving the Elements of Assault Establish the intent to cause injury The severity of the injury inflicted And whether a dangerous weapon was used

Evidence in Assault Investigation Physical evidence in an assault includes photographs of injuries, clothing of the victim or suspect, weapons, broken objects, bloodstains, hairs, fibers and other signs of an altercation.

Investigating Domestic Violence Domestic violence is a pattern of behaviors involving physical, sexual, economic and emotional abuse, alone or in combination, by an intimate partner often to establish and maintain power and control over the other partner.

Prevalence of Domestic Violence In 1999, 791,210 violent crimes by a current or former spouse, boyfriend, or girlfriend 671,110 (85%) against females 120,100 (15%) against males

Other Types of Domestic Violence Women as abusers Gay and Lesbian domestic violence Abuser is a police officer

Predictors and Precipitators of Domestic Violence A past history of family violence Animal cruelty Drug and alcohol abuse Presence of firearms changes the complexion of domestic violence When a gun is involved in a domestic dispute, it is 12 times more likely that the violence will end in death

Suggestions for Police Officers Responding to Domestic Violence Keep surprise on your side Never go to the scene alone; have back-up Follow officer safety basics Remain aware of your environment Keep participants separated Do not give them the upper hand, protect your firearm

Effectiveness of Various Interventions Mandatory Arrest Policy Restraining Orders Legislation Cell phones for victims Documentation by Health Care Workers Community Policing

Stalking A stalker is someone who intentionally and repeatedly follows, tries to contact, harasses and/or intimidates another person. The willful or intentional commission of a series of acts that would cause a reasonable person to fear death or serious bodily injury and that, in fact, does place the victim in fear of death or serious bodily injury.

Types of Stalking Intimate or former intimate stalking Acquaintance stalking Stranger stalking

Elder Abuse Elder abuse is the physical and emotional abuse, financial exploitation and general neglect of the elderly. The extent of elder abuse is currently unknown.