Introduction
In crimes against persons, typically assault or battery is the type of crime
committed. In this body of work, the comparison and contrast of assault and battery will be
explained. The determination whether or not the jurisdiction in which the crime has occurred
should be considered in the actions of the man in the scenario attack as well as if it should be
punished as battery. A description of what it would take to change this from battery and/or
assault to consensual touching. False imprisonment and if it is justifiable in this scenario to
convict the attacker in court. The differences between crimes of false imprisonment and
kidnapping and lastly, the author’s view on whether or not the victims action in the scenario …show more content…
Jovanovic case. (Consent and
BDSM: The State of the Law, 2010)
Kidnapping vs. False Imprisonment
Kidnapping occurs when a person, without lawful authority, physically
moves another person without the other person’s consent where as False imprisonment
means illegal confinement of one individual without his or her consent by another
individual in such a manner that violates the rights of the victim. (Kidnapping v. False
Imprisonment, 2001-2016). If asked which one is more heinous, it would have to be
kidnapping. In kidnapping, the manner the victim is moved from one location to another
is important. Is the victim injured to be moved to another location? Is the victim
threatened with a firearm to agree with the kidnappers demand? Several violent variables
are involved.
Relaionship Defense
In the scenario, the woman has slapped her male partner, that in itself is
grounds for the charge of Domestic Battery. Now if he strikes back as in defense of
himself, she could place claim that he striked her, but because it was in self-defense,
In crimes against persons, typically assault or battery is the type of crime
committed. In this body of work, the comparison and contrast of assault and battery will be
explained. The determination whether or not the jurisdiction in which the crime has occurred
should be considered in the actions of the man in the scenario attack as well as if it should be
punished as battery. A description of what it would take to change this from battery and/or
assault to consensual touching. False imprisonment and if it is justifiable in this scenario to
convict the attacker in court. The differences between crimes of false imprisonment and
kidnapping and lastly, the author’s view on whether or not the victims action in the scenario …show more content…
Jovanovic case. (Consent and
BDSM: The State of the Law, 2010)
Kidnapping vs. False Imprisonment
Kidnapping occurs when a person, without lawful authority, physically
moves another person without the other person’s consent where as False imprisonment
means illegal confinement of one individual without his or her consent by another
individual in such a manner that violates the rights of the victim. (Kidnapping v. False
Imprisonment, 2001-2016). If asked which one is more heinous, it would have to be
kidnapping. In kidnapping, the manner the victim is moved from one location to another
is important. Is the victim injured to be moved to another location? Is the victim
threatened with a firearm to agree with the kidnappers demand? Several violent variables
are involved.
Relaionship Defense
In the scenario, the woman has slapped her male partner, that in itself is
grounds for the charge of Domestic Battery. Now if he strikes back as in defense of
himself, she could place claim that he striked her, but because it was in self-defense,