Offences Against Persons

In: Other Topics

Submitted By fortbliss
Words 2206
Pages 9
The term “crimes against the person” refers to a broad array of criminal offences which usually involve bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Involving bodily harm, or the threat of bodily harm, includes assault, battery, and domestic abuse. Additionally, offences such as harassment, kidnapping, and stalking also are considered crimes against the person. The crime I have chosen to research is assault and sexual assault.

English law provides for two offences of assault: common assault and battery. Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Violence in this context means any unlawful touching, though there is some debate over whether the touching must also be hostile. Confusingly, the terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as the Criminal Justice Act 1988.
A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the magistrates' court in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court). Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm or racially/religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed.
Rape was an offence under the common law of England and was classified as a felony.
The common law defined rape as "the carnal knowledge of a woman forcibly and against her will." The common…...

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