Assault and battery are often mentioned together, but they are in fact two separate crimes. Battery is a nonconsensual, intentional, 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 and Battery & Sexual Assault

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” Different degrees of assault often defined by the harm inflicted

Sexual Assault Includes wide range of victimizations Unwanted verbal advances or threats Unwanted sexual contact Rape Statutory rape Can be an attack either completed or attempted

Rape Two types: Rape & Statutory Rape Rape: sexual intercourse without consent Aggravated if perpetrator uses a weapon or force 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.

Rape Shield Laws In the past, defendants in rape cases were allowed to present evidence to jury about victim’s past sexual behavior and reputation Most state have past rape shield laws prohibiting such evidence

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 Perpetrator can be prosecuted even if victim lied about age