Gavin Howe
Battery is a common law offence, typically classified as either simple or aggravated. It involves the intentional, harmful or offensive contact of one person with another, or with their property, without consent. In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. The act of battery is both a crime and a tort, meaning the government can seek to convict offenders and victims can bring private lawsuits to collect monetary damages.
| Characteristics | Values |
|---|---|
| Definition | Unlawful offensive physical contact with another person |
| Classification | Simple or aggravated |
| Actus reus | Defendant unlawfully touched or applied force to the victim |
| Mens rea | Defendant intended or was reckless regarding the unlawful touch or application of force |
| Intent | To cause harmful or offensive contact |
| Physical injury | Hitting, pushing, shoving, etc. |
| Offensive act | An act that makes a reasonable person of ordinary sensibilities feel threatened |
| Consent | No consent or implied consent by participating in a particular event or situation |
| Severity | Determined by local law |
| Jurisdiction | Varies, but some elements remain constant |
| Civil lawsuit | Victim can file a civil lawsuit for monetary compensation |
| Criminal case | Government can seek to convict offenders and have them punished |
| Defenses | Consent, self-defense, defense of others, protection of property |
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What You'll Learn
Battery is a common law offence
Battery is a specific common law offence, although the term is used more generally to refer to any unlawful offensive physical contact with another person. In DPP v Taylor and DPP v Little, it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. However, this decision was criticised in Haystead v DPP, where the court expressed the opinion that battery remains a common law offence.
Battery is typically classified as either simple or aggravated. Battery usually occurs in the context of physical altercations, but it may also occur in other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure. In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanour. The prosecutor must prove three elements beyond a reasonable doubt: intent, actual physical contact, and harm or offence.
In medical malpractice cases involving unauthorised treatments or lack of informed consent, the patient may sue for all costs and treatments, as well as procedures associated with the battery. The victim of a battery may also file a civil lawsuit, in which the defendant is charged with the tort of battery. In such cases, damages are typically compensatory, along with special relief such as injunctive or punitive damages.
Battery is a crime against autonomy, with more violent crimes such as ABH and GBH being statutory offences. In England and Wales, battery is a summary offence under section 39 of the Criminal Justice Act 1988. However, by virtue of section 40, it can be tried on indictment where another indictable offence is also charged, or where it forms part of a series of offences of a similar character.
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Physical contact is required
Battery is a specific common-law offence, though the term is used more broadly to refer to any unlawful offensive physical contact with another person. Physical contact is a key component of battery, and this contact can be direct or indirect and can also extend to anything connected to the plaintiff's person, such as their clothing or personal belongings.
The physical contact in a battery case does not have to result in physical injury; the plaintiff must prove unlawful and unpermitted contact with their person or property in a harmful or offensive manner. This offensive contact is usually assessed through an objective test, considering how a reasonable person of ordinary sensibilities would feel. However, if the defendant is aware that the plaintiff is hypersensitive, and the contact is offensive to them, it can still constitute battery.
The harm caused by battery can be offensive rather than physical but is still worthy of compensation under the law. For example, in a Texas case, a hotel manager was found guilty of battery when he snatched a patron's dinner plate in a loud and offensive manner, even though no physical harm was caused to the diner.
Battery can also occur in medical cases when a doctor performs a non-consented medical procedure, even if the patient ultimately benefited from the treatment. The tort of battery, or trespass to the person, recognises that everyone has a right not to be touched or interfered with in any way without their consent.
It is important to note that some physical contact is unavoidable in everyday activities, and individuals are presumed to consent to a certain amount of contact, such as brushing against someone in a crowded space. However, this presumed consent does not extend to prohibited acts that cause harm.
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Intent to cause harm is necessary
The definition of battery varies across different jurisdictions. However, the common thread across most of them is that it involves actual physical contact that is unlawful, unpermitted, and offensive or harmful.
In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt: first, that the defendant committed a voluntary act; second, that the defendant had the requisite general intent; and third, that the defendant made harmful or offensive contact with the victim or something intimately connected with the victim.
Under the US Model Penal Code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing offensive contact. In other words, the intent to cause harm is not necessary in battery cases in these jurisdictions. Instead, the act itself must be intentional, and the offensive contact must be the consequence of that act.
In personal injury cases, the elements of civil battery are intent, contact, and harm. The requisite intent for a tortious battery to occur is merely to touch or make contact without consent. It need not be an intention to do wrong, and the wrongdoer need not intend to cause the particular harm that occurs. Non-consensual touching is all that is required to assert a viable personal injury lawsuit.
In medical malpractice cases, a battery claim can be made if a doctor performed an unauthorized surgery. In such cases, the patient may sue for all costs and treatments, even if they ultimately benefited from the unauthorized treatment.
In England and Wales, battery is a common law offence. It has two elements: Actus reus, which means the defendant unlawfully touched or applied force to the victim; and Mens rea, which means the defendant intended or was reckless as to the unlawful touch or application of force.
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Consent is a defence
Battery is a specific common law offence, 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". It is typically classified as either simple or aggravated battery. Simple battery is a misdemeanour and often includes any form of non-consensual harmful or insulting contact, regardless of the injury caused. Aggravated battery, on the other hand, is generally considered a serious felony-grade offence, such as when the battery causes serious bodily injury or permanent disfigurement.
In the context of medical malpractice, a patient may sue for battery when unauthorised treatments are performed or informed consent is lacking. However, the defence of consent may be argued if the patient benefited from the unauthorised treatment. In such cases, the defendant bears the burden of proving that the plaintiff consented to their conduct. This defence of consent provides protection and certainty to defendants when the plaintiff has consented to an act or conduct that would otherwise be considered a serious invasion of privacy.
It is worth noting that the question of who bears the burden of proof regarding consent in battery cases is contentious in English and Australian civil law. While some argue that the onus is on the plaintiff to prove a lack of consent, others, including Canadian and Australian authorities, contend that the defendant should prove consent. In any case, the plaintiff may bear a provisional or tactical burden, requiring them to show that they did not provide consent.
Additionally, there are situations where consent is not a valid defence. For example, in statutory rape cases, even if consent is obtained, courts will likely determine that the consent is legally invalid due to the involvement of force or duress.
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Battery is a civil and criminal act
Battery is a common law offence, although the term is used more generally to refer to any unlawful offensive physical contact with another person. It 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".
Battery is typically classified as either simple or aggravated. While battery usually occurs in the context of physical altercations, it may also occur in other circumstances, such as medical cases where a doctor performs a non-consented medical procedure. In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanour.
Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. A harmful contact of battery is contact causing physical impairment or injury, while an offensive contact of battery is a contact that makes a reasonable person of ordinary sensibilities feel threatened. The offensive contact is usually under the objective test, but if the defendant knows that a plaintiff is a hypersensitive person, but a reasonable person would not feel the contact offensive, this cannot be a defence.
In civil law, a person commits an assault if they intentionally place a person in reasonable apprehension of an impending battery. If a person intended only an assault and harmful or offensive contact actually occurs, the person has committed a battery as well as an assault. This is important in distinguishing a defendant’s conduct that is accidental. If a person violently, but accidentally, slams into a fellow passenger on a moving public bus, there is no liability. In criminal law, the state will file charges for battery, and the victim becomes a witness for the prosecution. The prosecution must prove beyond a reasonable doubt that the defendant is guilty of battery. In criminal court, the focus is on the guilt or innocence of the defendant, and generally, no damages are available to the victim. However, a verdict of not guilty in a criminal assault or battery case does not prevent a victim from filing a civil suit over the same act.
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Frequently asked questions
A battery case in law involves actual physical contact between the defendant and the plaintiff. It is defined as any unlawful and/or unwanted touching of another person or the use of force against another, resulting in harmful or offensive contact.
Assault occurs when the victim is placed in apprehension of contact, while battery refers to the contact itself. An assault is an incomplete battery.
Battery is typically classified as either simple or aggravated. Simple battery is a misdemeanour and may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Aggravated battery, on the other hand, is a serious offence that may result in felony charges, especially when it causes serious bodily injury or permanent disfigurement.
Some defences to a battery allegation include consent, self-defence, defence of others, and protection of property. For example, if the plaintiff consented to the act or participated in an activity where such contact is expected (e.g. sports), they are not liable.
