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Who initiated provocation that created assault scenario? What can be types of provocation? What should you know about assault? What is assault? Was there any inappropriate, harmful, or offensive contact/touch or throwing of objects? What are the types of assault? What is considered assault? How is assault defined legally? How is "assault" different from "battery"? What are the defenses to an assault charge? How does the defense of self-defense work? Which party was the aggressor (who started it)? Was the defendant reasonable in believing that it was necessary to use force to avoid the danger? If the belief was a reasonable one, was the force the defendant used reasonable? What is the difference between a felony and a misdemeanor? Sexual assault/rape Does sexual assault usually involve a weapon? How is rape different from sexual assault? What is sexual assault? Should I report an assault to the police? What should I do if I am assaulted? How can I reduce the risk of being assaulted? What are "date-rape" drugs? What are the facts about sexual assault? How is someone defended against assault charges? What is the difference between a tort and crime? Where an act is both a tort and a crime, may a suit be brought on the tort? Who may be a plaintiff in an action of tort? What are the defenses to an assault charge? How does the defense of self-defense work? What is the difference between a felony and a misdemeanor? Does sexual assault usually involve a weapon? How is rape different from sexual assault? Should I report an assault to the police? What should I do if I am assaulted? How can I reduce the risk of being assaulted? What is sexual assault? What is rape? What are the symptoms and signs of someone who has been sexually assaulted or raped? What can I do to prevent sexual assault and rape? What do I do if someone I know or I have been sexually assaulted or raped? What are the physical and psychological effects of sexual assault and rape? Where can I get more information about sexual assault and rape? What are "date-rape" drugs? What are the facts about sexual assault? How is someone defended against assault charges? How can assault be prevented? |
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Who initiated provocation that created assault scenario? Individual or individuals who initiated provocation that created assault scenario are accused of crimes. What can be types of provocation? Verbal, physical, visualizations. A complaint of harms is not a provocation. What should you know about assault? Do not use words like battery or aggravated battery. People confuse this with vehicle battery. Assault is the proper word. There are various types of assault. What is assault? Assault is to intentionally cause another person harmful or offensive contact. Was there any inappropriate, harmful, or offensive contact/touch or throwing of objects? If yes, it is an assault. What are the types of assault? Assault (simple) Assault with a weapon (aggravated assault) Assault causing bodily harm Aggravated sexual assault Rape Sexual assault Sexual assault with a weapon Vehicular assault Aggravated assault Aggravated assault is more harmful than simple assault. A person has committed an aggravated assault when that person attempts to: Cause serious bodily injury to another person with a deadly weapon Cause grievous bodily harm to another person, such as rape or kidnapping Have __________ sexual relations with a person Cause bodily harm by recklessly operating a motor vehicle, often referred to as either vehicular assault or aggravated assault with a motor vehicle. What is Assault? |
| Assault with a weapon or causing bodily harm (section 267) |
| Aggravated assault (section 268) |
| Aggravated sexual assault (section 273) |
| What Are the Different Types of Assault? |
| What is Sexual Assault? |
| Rape and Sexual Abuse |
| Violence & Abuse |
| Ballistic trauma (Gunshot wound) |
| Hanging Injuries and Strangulation |
| Shooting |
| Suspension trauma |
| Types of Traumatic Experiences |
| Blunt trauma |
| Penetrating |
| Trauma (medicine) |
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What is a crime? What is a tort? •Can the same act be both a crime and a tort? |
| Trauma |
| Childhood trauma |
| Children(effects of trauma or violence) |
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Injury Severity Score Abbreviated Injury Scale (AIS) |
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What is considered assault? In most states in America there have to be four factors present to be considered assault. There has to be an apparent and present ability to carry the act out. It has to be an unlawful attempt. There has to be intent of committing an injury, there has to be reasonable fear of bodily injury. How is assault defined legally? There must be intent to purposely, knowingly, or recklessly cause bodily harm to another. There can also be negligence with a deadly weapon. Q: What is the definition of "assault"? A: Assault is the most commonly committed violent crime in the US. In many states, assaults are classified as either "simple" or "aggravated." A simple assault is making another person apprehensive of a physical attack or negligently causing injury to another person with a weapon. The exact definition, however, depends upon the state in which the alleged crime takes place. Aggravated assault is assault that occurs in conjunction with an attempt to cause serious injury or commit another crime; often, a deadly weapon is involved. A defendant may be convicted of aggravated assault even if the victim was not physically hurt. Q: How is "assault" different from "battery"? A: Traditionally, if the victim has been actually touched by the person committing the crime, then a battery has occurred. If the victim has not been touched, but only threatened, then the crime is assault. In many states, the distinction between assault and battery has been abolished and either type of action may be charged as an assault. Q: What are the defenses to an assault charge? A: Possible defenses include self-defense, defending another person and lack of intent (it was an accident). Intoxication, practical joking and revenge are typically not viable defenses. Each case is different, so you should discuss your options with an experienced criminal defense attorney. Q: How does the defense of self-defense work? A: Self-defense is often asserted by defendants charged with violent crimes like assault. Self-defense is an admission that the defendant did the physical act associated with the charge of assault but was justified because of the threatening or aggressive conduct of the person allegedly assaulted. In most cases, the core questions include: * Which party was the aggressor (who started it)? * Was the defendant reasonable in believing that it was necessary to use force to avoid the danger? * If the belief was a reasonable one, was the force the defendant used reasonable? Q: What could happen to me if I am convicted of assault? A: A conviction for assault could stay on your record for the rest of your life. You may be ordered to serve time in prison or jail, pay a monetary fine or both. You may be placed on probation for a substantial period of time. Some form of counseling or anger management training could be required. You may also lose your right to own or possess a firearm. Q: What is the difference between a felony and a misdemeanor? A: A felony is considered more serious than a misdemeanor. Felonies are usually punishable by more than a year in prison. Misdemeanors are usually punishable by less than a year of incarceration, a fine or another penalty. Some crimes may be charged as either a felony or a misdemeanor, depending on the circumstances (these are sometimes called "wobblers"). Note that the distinction does not depend on the sentence that is actually imposed, just the maximum sentence that is possible. Q: Does sexual assault usually involve a weapon? A: No. The majority of sexual assaults are committed without the use of a weapon. Even fewer sexual assaults by an acquaintance, rather than a stranger, are committed with the use of a weapon. Q: How is rape different from sexual assault? A: In many states, criminal statutes no longer use the term "rape." The crime is now called sexual assault, sexual abuse or criminal sexual conduct. The crime normally thought of as rape — sexual intercourse or sexual penetration by force or against the victim's will — is prohibited by these laws and may be charged as first degree (or aggravated) criminal sexual conduct or sexual abuse. The laws forbid acts not just by men against women but by people of the same gender as the victim and by women against men. One spouse may be charged with sexually assaulting the other. Offenses such as unwanted touching, fondling or other indecent acts also may be included in the definition of sexual assault. Under Massachusetts’s general law, there are two major categories of sexual assault against adults: rape and indecent assault and battery. Rape The crime of rape occurs when the offender has "sexual intercourse or unnatural sexual intercourse with a person, and compels such person to submit by force and against his/her will, or compels such person to submit by threat of bodily injury." The inability of an individual to give consent (due to such conditions as unconsciousness, intoxication or mental impairment) would also be classified as rape. Rape and attempted rape are punishable by up to 20 years' imprisonment. Heavier penalties may apply if the rape causes serious bodily injury, is the result of a group attack, involves drugs used to intentionally incapacitate the victim/survivor, involves the use of a weapon and/or occurs during the commission of certain specified crimes, such as robbery. Most rapes and sexual assaults are committed by someone known to the survivor. This might be someone you are dating, a friend, classmate, co-worker, instructor, relative or casual acquaintance. It may occur between people who have previously had consensual sexual relations. It is important to remember that acquaintance rape is not a separately defined crime — it is rape. Indecent Assault and Battery The crime of indecent assault and battery occurs when the offender, without the victim's consent, intentionally has physical contact of a sexual nature with the victim. This contact may include an offender touching a woman's breasts, or the buttocks or genital area of a man or woman. Indecent assault and battery may be punished by up to five years' imprisonment. Rape or indecent assault and battery victimizes women and men, whether straight, gay, lesbian, bisexual or trans-gendered. Should I report an assault to the police? Reporting a sexual assault to the police does not commit you to further criminal legal action. Your name will not be made public since Massachusetts law requires that the identity of a sexual assault survivor be kept confidential. The earlier you report an assault, the easier it will be for the police to investigate the crime and to prosecute the case successfully, if that is your choice. It helps to preserve your options for the future. If you wish to have the assailant prosecuted, the police and the district attorney's office will handle the legal proceedings without expense to you. You do not need to hire an attorney. If the assailant is a Northeastern University student you can file a complaint with the Office of Student Conduct and Conflict Resolution (OSCCR) for possible campus disciplinary action. Students who report a sexual assault may opt to pursue their case through OSCCR, the criminal court system, or both and may request changes in their residential assignment and academic schedule. What should I do if I am assaulted? If you are sexually assaulted, tell someone who understands sexual assault. It is an enormous burden to bear alone. Sexual assaults can be terrifying and traumatic. After a sexual assault, it's not uncommon to feel fearful, confused, guilty, ashamed or isolated. Get to a place where you will be safe from further attack and call the police. Call a friend or family member for support. It is extremely important that you seek medical attention immediately. Do not drink, bathe, douche, brush your teeth, change clothing or comb your hair before a medical exam. It's only natural to want to do these things, but you may be destroying evidence you will need if you decide to prosecute at a later date. Seek counseling. How can I reduce the risk of being assaulted? Avoid excessive use of alcohol and other drugs. Say no when you mean no. Say yes only when you mean yes. Be assertive. Pay attention to what is happening around you. If you feel threatened, do not be embarrassed to ask for help or to leave. Trust your instincts. If you feel uncomfortable or that you are being pressured into unwanted sexual relations, express your unwillingness, even if you think it is rude. Be cautious of and avoid dating people who are controlling, display hostility, anger, jealousy, possessiveness or physical aggressiveness. Carry enough money so that you can leave a situation or call for help, if necessary. It's important to remember that, regardless of whether or not precautions are taken, sexual assault is NEVER the fault of the victim. Rape and sexual assault are crimes of power, not sex. What are "date-rape" drugs? Sexual assaults have happened when drugs have been slipped into people's beverages. "Date-rape" drugs cause individuals to become disoriented, appear extremely drunk, pass out and experience memory loss — so a sexual assault may not even be remembered. One drug is called gamma-hydroxybutyrate (known as GHB or Grievous Bodily Harm), a central nervous system depressant used in the treatment of narcolepsy and alcoholism. Another, flunitrazepam (known as Rohypnol, Roofies or Roachies), is a prescription sleeping medication available only outside the United States. To prevent the possibility of having your drink drugged, never accept a drink, whether in a cup, glass or closed container, from someone you don't know well, and keep your own drink with you at all times. If you experience intense feelings of intoxication and disorientation, ask a friend to take you to the hospital, where medical personnel can check for the presence of these drugs in your system. Here are further guidelines. What are the facts about sexual assault? Note the location and time of any events. Describe the number and characteristics of the assailant or assailants. Write down as much detail as possible about the circumstances surrounding the assault as soon as possible after the assault. Make an effort to recall each and every aspect of what occurred during the assault and turn over this information to law enforcement. Each of these details increases the chances that the suspect will be caught and successfully prosecuted: * Each activity * The sequence of activities * How long each activity lasted * What was said and by whom * The number of times that resistance was offered * The type of resistance * Any unusual details * Any associated physical assault * Any pain * Types of threats that were used * Whether weapons were talked about, used, or seen during the assault * Any bodily fluids seen or felt * Any injuries that may have been inflicted on the assailant How is someone defended against assault charges? One is consent. If the people were involved in a contentious activity when the bodily harm was caused it is sometimes not assault. Police often times have to use force when they make an arrest. This is part of their job and their official duty. They have a degree of latitude when it comes to assault in that they may have to use quite amount of bodily force to detain someone. The police however, can take things too far and can be charged with assault if the injuries inflicted are too severe. Punishment is also a defense for assault. Parents have a degree of latitude if they use physical contact to discipline their children. However, if they take things too far then they can be charged with child abuse. If you are defending yourself and inflict an injury on another then you CANNOT be charged with assault. Also if you are preventing someone else from being harmed then this is also another valid defense for assault. Another and final defense is if you are defending your own property. It is worth noting that in all of the cases you may have to go to court to prove our defense. How can assault be prevented? Do not touch another human being. Do not throw any objects. Be aware of good character and good behavior. |