Harassment, Assault, Battery

Harassment

harassment (either harris-meant or huh-rass-meant) n. the act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice, an attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a bill, or merely gain sadistic pleasure from making someone fearful or anxious. Such activities may be the basis for a lawsuit if due to discrimination based on race or sex, a violation on the statutory limitations on collection agencies, involve revenge by an ex-spouse, or be shown to be a form of blackmail (“I’ll stop bothering you, if you’ll go to bed with me”). The victim may file a petition for a “stay away” (restraining) order, intended to prevent contact by the offensive party. A systematic pattern of harassment by an employee against another worker may subject the employer to a lawsuit for failure to protect the worker. (See: harass, sexual harassment)
http://legal-dictionary.thefreedictionary.com/harassment

Harassment
http://en.wikipedia.org/wiki/Harassment

Stop Street Harassment
http://www.stopstreetharassment.org/resources/definitions/

What is street harassment?
http://www.stopstreetharassment.org/about/what-is-street-harassment/

“Smile, baby”: The words no woman wants to hear
http://www.salon.com/2013/09/13/smile_baby_the_words_no_woman_wants_to_hear/

Sex Discrimination and Sexual Harassment
http://www.catalyst.org/knowledge/sex-discrimination-and-sexual-harassment-0

Only by turning the tables on sexual aggression can we see how bad it is
The disbelief of the men in my film mirrors the disbelief we should all feel when acts of everyday sexism happen to women
http://www.theguardian.com/commentisfree/2014/apr/07/turning-tables-sexual-aggression-everyday-sexism

Online Harassment

online harrassment: Troll (Internet)
“In Internet slang, a troll (/ˈtroʊl/, /ˈtrɒl/) is a person who sows discord on the Internet by starting arguments or upsetting people,[1] by posting inflammatory,[2] extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of provoking readers into an emotional response[3] or of otherwise disrupting normal on-topic discussion.[4]

This sense of the word troll and its associated verb trolling are associated with Internet discourse, but have been used more widely. Media attention in recent years has equated trolling with online harassment. For example, mass media has used troll to describe “a person who defaces Internet tribute sites with the aim of causing grief to families.”
http://en.wikipedia.org/wiki/Troll_(Internet)

Online Harassment
http://en.wikipedia.org/wiki/Online_harassment#Harassment 

 

Stalking and Harassment
“Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.”

“Whilst there is no strict legal definition of ‘stalking’, section 2A (3) of the PHA 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking. For example, following a person, watching or spying on them or forcing contact with the victim through any means, including social media.

The effect of such behaviour is to curtail a victim’s freedom, leaving them feeling that they constantly have to be careful. In many cases, the conduct might appear innocent ( if it were to be taken in isolation), but when carried out repeatedly so as to amount to a course of conduct, it may then cause significant alarm, harassment or distress to the victim.”
http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/

 


Assault

Common assault
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/common_assult/

Offences against the Person, incorporating the Charging Standard
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/

Buying services – your rights: Consumer Safety
http://www.tradingstandards.gov.uk/advice/problemswithservices-sum7.cfm
http://www.tradingstandards.gov.uk/jobs/jandc-careerints.cfm


Related Statute in the UK

>Protection from Harassment Act 1997
http://en.wikipedia.org/wiki/Protection_from_Harassment_Act_1997
http://www.legislation.gov.uk/ukpga/1997/40/contents

>Criminal Justice and Public Order Act 1994
http://en.wikipedia.org/wiki/Criminal_Justice_and_Public_Order_Act_1994
http://www.legislation.gov.uk/ukpga/1994/33/contents


Battery

What is the difference between battery and assault?
“That’s correct. If I raise a baseball bat in a threatening way (or take a swing), I’ve committed assault. If I actually hit you with it, it is battery. ”
https://uk.answers.yahoo.com/question/index?qid=20090826105352AAVFS8H

Battery (crime) http://en.wikipedia.org/wiki/Battery_(crime)

Aggravation (law) http://en.wikipedia.org/wiki/Aggravation_(legal_concept)

Assault and Battery
“Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another. Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another.

The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery.

Assault and battery are offenses in both criminal and Tort Law; therefore, they can give rise to criminal or civil liability. In Criminal Law, an assault may additionally be defined as any attempt to commit a battery.

At Common Law, both offenses were misdemeanors. As of the early 2000s, under virtually all criminal codes, they are either misdemeanors or felonies. They are characterized as felonious when accompanied by a criminal intent, such as an intent to kill, rob, or rape, or when they are committed with a dangerous weapon.”
http://legal-dictionary.thefreedictionary.com/Assault+and+Battery
What is the difference between assault and battery?
http://criminal-law.freeadvice.com/criminal-law/violent_crimes/assault_battery.htm

What are the Differences Between Assault and Battery?
“From a legal standpoint, assault and battery often form one charge against a suspect. However, some suspects may merely be charged with assault. Anyone who is charged with battery, however, is essentially also guilty of assault.

The difference between assault and battery lies in the definition of the terms. In legalese, assault is any reasonable threat to a person. The person who is committing the assault does not have to actually touch a person. But a reasonable and immediate threat to the person being assaulted must exist for a claim of assault. Battery, on the other hand, requires contact.”
http://www.wisegeek.org/what-are-the-differences-between-assault-and-battery.htm
Assault, Battery, and Aggravated Assault
The crimes of assault, assault and battery, and aggravated assault carry different definitions and punishments.
http://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html
Assault vs. Battery

Assault

Battery

Justification Self defense or defense Self defense, defense, necessity
Common Law Intentional tort Intentional tort (Negligent tort in Australia)
Important aspect Threat of violence is enough to constitute assault; no physical contact is necessary Physical contact is mandatory
Purpose To threaten To cause harm
Nature of crime Not necessarily physical Definitely physical

http://www.diffen.com/difference/Assault_vs_Battery

 

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Right of self-defense
“The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for persons to use reasonable force or defensive force, for the purpose of defending one’s own life or the lives of others, including, in certain circumstances, the use of deadly force.”
https://en.wikipedia.org/wiki/Right_of_self-defense

Deadly force
“Deadly force, as defined by the United States Armed Forces, is force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or serious bodily harm or injury. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.
Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-traditional weapons in an offensive manner, such as a baseball bat, sharp pencil, tire iron or other, may also be considered deadly force.”
https://en.wikipedia.org/wiki/Deadly_force