Assault in the context of "Consent"

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⭐ Core Definition: Assault

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Generally, the common law definition is the same in criminal and tort law.

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Assault in the context of Electoral fraud

Electoral fraud, sometimes referred to as election manipulation, voter fraud, or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of rival candidates, or both. It differs from but often goes hand-in-hand with voter suppression. What exactly constitutes electoral fraud varies from country to country, though the goal is often election subversion.

Electoral legislation outlaws many kinds of election fraud, but other practices violate general laws, such as those banning assault, harassment or libel. Although technically the term "electoral fraud" covers only those acts which are illegal, the term is sometimes used to describe acts which are legal, but considered morally unacceptable, outside the spirit of an election or in violation of the principles of democracy. Sham elections, featuring only one candidate, are sometimes classified as electoral fraud, although they may comply with the law and are presented more as referendums/plebiscites.

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Assault in the context of Intimidation

Intimidation is a behavior and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terrorizing and assault in the traditional sense.

This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victim might be targeted based on multiple factors like gender, race, class, skin color, competency, knowledge, wealth, temperament, etc. Intimidation is done for making the other person submissive (also known as cowing), to destabilize/undermine the other, to force compliance, to hide one's insecurities, to socially valorize oneself, etc. There are active and passive coping mechanisms against intimidation that include, but are not limited to, not letting the intimidator invade your personal dignity and space, addressing their behavior directly, understanding those behaviors as methods to bypass ethical norms and exploit fear as a means of securing compliance or dominance, or sometimes as final straws the person has to achieve their antisocial goals, avoiding the person, being cautious around them, honing breakaway skills, documenting, etc. Victims of intimidation would reasonably develop apprehension, experience fear of injury or harm, etc from the unwanted behaviors or tools of intimidation that include, and not limited to, condescending, rudeness, sarcasm, disrespecting, patronizing, degrading, disparaging, etc. However, it is not legally necessary to prove that the behavior caused the victim to experience terror or panic.

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Assault in the context of Aggravation (law)

Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself".

Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.

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Assault in the context of Tort

A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from customary English tort law. In civil law jurisdictions based on civil codes, both contractual and tortious or delictual liability is typically outlined in a civil code based on Roman Law principles. Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law. A handful of jurisdictions have codified a mixture of common and civil law jurisprudence either due to their colonial past (e.g. Québec, St Lucia, Mauritius) or due to influence from multiple legal traditions when their civil codes were drafted (e.g. Mainland China, the Philippines, and Thailand). Furthermore, Israel essentially codifies common law provisions on tort.

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Assault in the context of Direct action

Direct action is a form of activism in which participants use agency—for example economic power or political power—to achieve their goals. The aim of direct action is to either obstruct a certain practice such as a government's laws or actions or to solve perceived problems.

Direct action may include activities, that can be either violent or nonviolent, targeting people, groups, institutions, actions, or property that its participants deem objectionable. Violent direct action may include political violence, assault, arson, sabotage, and property destruction. Nonviolent direct action may include civil disobedience, sit-ins, strikes, and counter-economics.

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Assault in the context of Posttraumatic stress disorder

Post-traumatic stress disorder (PTSD) is a mental disorder that develops from experiencing a traumatic event, such as sexual assault, domestic violence, child abuse, warfare and its associated traumas, natural disaster, bereavement, traffic collision, or other threats on a person's life or well-being. Symptoms may include disturbing thoughts, feelings, or dreams related to the events, mental or physical distress to trauma-related cues, attempts to avoid trauma-related cues, alterations in the way a person thinks and feels, and an increase in the fight-or-flight response. These symptoms last for more than a month after the event and can include triggers such as misophonia. Young children are less likely to show distress, but instead may express their memories through play.

Most people who experience traumatic events do not develop PTSD. People who experience interpersonal violence such as rape, other sexual assaults, being kidnapped, stalking, physical abuse by an intimate partner, and childhood abuse are more likely to develop PTSD than those who experience non-assault based trauma, such as accidents and natural disasters. In the United States, about 3.5% of adults have PTSD in a given year, and 9% of people develop it at some point in their lives. In much of the rest of the world, rates during a given year are between 0.5% and 1%. Higher rates may occur in regions of armed conflict. It is more common in women than men.

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Assault in the context of Robbery

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment.

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Assault in the context of Violent crime

A violent crime, violent felony, crime of violence or crime of a violent nature is a crime in which an offender or perpetrator uses or threatens to use harmful force upon a victim. This entails both crimes in which the violent act is the objective, such as murder, assault, rape and assassination, as well as crimes in which violence is used as a method of coercion or show of force, such as robbery, extortion and terrorism. Violent crimes may, or may not, be committed with weapons. Depending on the jurisdiction, violent crimes may be regarded with varying severities, ranging from harassment, manslaughter, to murder.

Violent criminals who use hostile acts towards others include killers, active shooters, kidnappers, robbers, sex offenders, burglars, arsonists and torturers. Another category of violent criminals are pirates and hijackers of cars or aircraft. Criminal organizations, gangsters and drug cartels frequently employ violent criminals in their group, usually as enforcers or hitmen. Violent criminals often display characteristics such as low anger threshold, disinhibition/absence of impulsivity control, strong dominance/territorial instinct, antisocial personality, psychological/mental health issues and aggressive tendencies which enable them to carry out usually violent acts.

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Assault in the context of Battery (crime)

Battery is a criminal offense involving "unlawful intentional infliction of harmful or offensive physical contact with another person without consent." This is distinct from assault, which is the act of creating reasonable fear or apprehension of such contact.

Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law.

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