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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. [1] It is both a crime and a tort and, therefore, may result in criminal prosecution , civil liability , or both.
As distinguished from battery, assault does not need to involve the 'unwanted physical contact; but is the anticipation of such contact'. [4] It only needs intent to make or threaten contact and the resulting apprehension. [5] At one point, the common law understanding of assault required more than words alone, it also required an overt act.
Physical abuse is any intentional act causing injury or trauma to another person or animal by way of bodily contact. In most cases, children are the victims of physical abuse, but adults can also be victims, as in cases of domestic violence or workplace aggression .
Assault is notably similar to battery. Indeed, the elements of intent and act are identical. The only difference is the result. A person commits an assault when he acts either intending to cause a harmful or offensive contact with another or intending to cause another imminent apprehension of such contact and when such imminent apprehension ...
By way of a legal fiction, 'personal injury' is treated as (physical) 'damage done', with the net effect that 'the actio injuriarum root of Scots law infuses the [nominate] delict assault as much as any development of the lex Aquilia' [72] and wrongdoing that results in physical harm to a person may give rise to both an aquilian action and an ...
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: Fatal offences Murder; Manslaughter; Non-fatal non-sexual offences Assault, or common assault; Battery, or ...
In some jurisdictions, there is no requirement that actual physical violence result—simply the "threat of unwanted touching of the victim" suffices to sustain an assault claim. [18] Consequently, in R v Constanza, [19] the court found a stalker's threats could constitute assault.
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors , especially in home and school settings, its methods may include spanking or paddling .