Kidnapping Vs. False Imprisonment: The Type Of Crime Case Study


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
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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,

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