NationStates Jolt Archive

In an argument that comes up all the time in my family; I always hold that assault and battery are two very different crimes.

Assault is the use of the threat of violence to harm another.

Battery is the use of violence to cause harm to another.

To the practiced law people who come to NS, is my definition more or less correct?

In an argument that comes up all the time in my family; I always hold that assault and battery are two very different crimes.

Assault is the use of the threat of violence to harm another.

Battery is the use of violence to cause harm to another.

To the practiced law people who come to NS, is my definition more or less correct?

for the most part yes, although I should point out that various jurisdictions define assault a bit differently. Some define it as you do, the threat of violence, others define it as "placing a victim in apprehension of imminent violence" and others define it still as simply "an attempt to make contact".

However it's specifically defined, the thrust of the point, that intentional, completed contact is, unlike what many believe, a battery, not an assault.

why do we call it "sexual assault"?

for the most part yes, although I should point out that various jurisdictions define assault a bit differently. Some define it as you do, the threat of violence, others define it as "placing a victim in apprehension of imminent violence" and others define it still as simply "an attempt to make contact".

However it's specifically defined, the thrust of the point, that intentional, completed contact is, unlike what many believe, a battery, not an assault.

Thanks for the clarification, its one of those snippets I picked up from law students in college but was not really certain of its correctness.

why do we call it "sexual assault"?

I don't know...

why do we call it "sexual assault"?

sexual acts committed under the threat of violence

sexual acts committed under the threat of violence

hmmmm

whereas sexual battery is....

hmmmm

whereas sexual battery is....

pain play :D

Battery is when you coat something before you fry it...

A battery can store energy. Assault may be one of the components of a battery.

A battery can store energy.

so thats why all those women who claim battery have bags under their eyes :p

And the award for the most pointless thread ever goes to......

And the award for the most pointless thread ever goes to......

Not this thread.

Not this thread.

I think that that award would go to "Semi-solid or semi liquid?" Thread by LG!:p

Pfft! Common law drivel!

*Kidnaps mascot*
*Sets off fire alarm*
*Makes good on the escape*

In the ACT (Australia) sexual assualt is called that because rape as a word is deemed too harmful on the victims. I really dont follow that logic but its what the law makers decided.

hmmmm

whereas sexual battery is....I assume it would be sexual acts committed against an unwilling person without the threat of violence.

In the ACT (Australia) sexual assualt is called that because rape as a word is deemed too harmful on the victims. I really dont follow that logic but its what the law makers decided.

That's the correct answer.

I'm against it. "Rape" is its own class of crime, and should be called rape. In some states (according to my criminology professor, some years ago) there are several degrees of 'sexual assault' and no crime called rape, to the extent that an unwelcome drunken grope is something like 4th-degree sexual assault, with forcible rape taking the title of 1st degree. Those two things don't deserve the same description, in my opinion.

http://upload.wikimedia.org/wikipedia/commons/thumb/0/07/Leaving_the_assault_craft.jpg/653px-Leaving_the_assault_craft.jpg

Assault.

http://www.ilearnduracell.com/image/duracell_bunny.jpg

Battery.

Sorry, had to be done.

I believe battery connotes a more physical assault.

yeah like a good old pub brawl or a footy riot :D

I believe battery connotes a more physical assault.

Can you have a 'more' physical assault? Surely it's either physical or not?

A guy takes a swing at you, its assault.

A guy takes a swing at you and hits you, its assault and battery.

So, really, the distinction is largely one of competence in the execution of assault.

Sort of like if you fuck an android against its will, its rape. If you fuck an android against its will but it has a thunderous, shuddering orgasm, its maintenance.

wtf

Assault is what riflemen do.
Battery is a set of artillery pieces.

So a battery is better a mid- to long- range, while an assault is better as close range.

Now for serious:
here in Italy, assault would be "aggressione", while "battery" would be "percosse" (beating). "Lesioni" (injuries) is when someone is inflicted some kind of physical damage (which is not a major crime unless the prognosis is above 15 days).
"Aggressione" is when you initiate violence, be it with threat of violence ("minacce"), with bare hands ("percosse"), or with weapons ("aggressione a mano armata").
"Percosse" is beating someone, pure and simple, which is a crime even if committed as an excessive/disproportionated self-defence (like a young guy beating an old woman who threatened him with her walking cane, let's say).

I'd say that an "aggressione" is MORALLY worse than "percosse" (it is morally wrong to initiate violence), but "percosse" and "lesioni" must be regarded as LEGALLY worse - after all, you can measure objectively the effects of beatings and injuries, while the effect of an assault that produced no injuries is quite subjective.