Assault, Domestic Violence, Stalking and Elder Abuse

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Chapter 9

• Assault, Domestic Violence, Stalking and Elder
  Abuse

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Definition of Assault

• Assault is an intentional, unlawful act of
  injury to another by force, or force directed
  toward another person, under circumstances that
  create fear of imminent peril, coupled with an
  apparent ability to execute the attempt, in not
  prevented. The intention to harm is of the
  essence. Mere words, although provoking or
  insulting, are not sufficient. (Naler v. State,
  1933)

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Another Definition of Assault

• Assault is an intentional, unlawful act of
  injury to another by force, or force directed
  toward another person, under circumstances that
  create fear of imminent peril, coupled with an
  apparent ability to execute the attempt, if not
  prevented.

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The Term Assault is Synonymous with Battery.

• Simple assault is intentionally causing another
  person to fear immediate bodily harm or death or
  intentionally inflicting or attempting to inflict
  bodily harm on the person
• Aggravated assault is an unlawful attack by one
  person on another to inflict severe bodily injury
  

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Elements of the Crime of Simple Assault are

• Intent to do bodily harm to another
• Present ability to commit the act
• Commission of an overt act toward carrying out
  the intention

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Aggravated Assault

• An additional element of aggravated assault is
• that the intentionally inflicted bodily injury
  must
• have resulted in one of the following
• A high probability of death
• Serious permanent disfigurement
• Permanent or protracted loss or impairment of the
  function of any body member or organ or other
  severe bodily harm

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Special Challenges in Investigation of Assault

• Distinguishing the victim from the suspect
• Determining whether the matter is civil or
  criminal
• Determining whether the matter was intentional or
  accidental
• Obtaining a complaint against the offender
• Sometimes such calls are dangerous for responding
  officers

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The Preliminary Investigation

• Control and disarm those involved in the
  altercation
• Provide medical aid to injured people
• Separate suspects
• Protect crime scene
• Give Miranda Warning if applicable

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The Preliminary Investigation cont.

• Obtain preliminary statements
• Photograph evidence
• Collect and preserve evidence
• Reconstruct the crime

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Proving the Elements of Assault

• Establish the intent to cause injury
• The severity of the injury inflicted
• And whether a dangerous weapon was used

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Evidence in Assault Investigation

• Physical evidence in an assault includes
  photographs of injuries, clothing of the victim
  or suspect, weapons, broken objects, bloodstains,
  hairs, fibers and other signs of an altercation

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Investigating Domestic Violence

• Domestic violence is a pattern of behaviors
  involving physical, sexual, economic and
  emotional abuse, alone or in combination, by an
  intimate partner often to establish and maintain
  power and control over the other partner

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Prevalence of Domestic Violence

• In 1999, 791,210 violent crimes by a current or
  former spouse, boyfriend, or girlfriend
• 671,110 (85) against females
• 120,100 (15) against males

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Other Types of Domestic Violence

• Women as abusers
• Gay and Lesbian domestic violence
• Abuser is a police officer

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Predictors and Precipitators of Domestic Violence

• A past history of family violence
• Animal cruelty
• Drug and alcohol abuse

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Predictors and Precipitators of Domestic Violence
cont.

• Presence of firearms changes the complexion of
  domestic violence
• When a gun is involved in a domestic dispute, it
  is 12 times more likely that the violence will
  end in death

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Suggestions for Police Officers Responding to
Domestic Violence

• Keep surprise on your side
• Never go to the scene alone have back-up
• Follow officer safety basics

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Suggestions for Police Officers Responding to
Domestic Violence

• Remain aware of your environment
• Keep participants separated
• Do not give them the upper hand, protect your
  firearm

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Effectiveness of Various Interventions

• Mandatory Arrest Policy
• Restraining Orders
• Legislation
• Cell phones for victims
• Documentation by Health Care Workers
• Community Policing

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Stalking

• A stalker is someone who intentionally and
  repeatedly follows, tries to contact, harasses
  and/or intimidates another person
• The willful or intentional commission of a series
  of acts that would cause a reasonable person to
  fear death or serious bodily injury and that, in
  fact, does place the victim in fear of death or
  serious bodily injury

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Types of Stalking

• Intimate or former intimate stalking
• Acquaintance stalking
• Stranger stalking

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Elder Abuse

• Elder abuse is the physical and emotional abuse,
  financial exploitation and general neglect of the
  elderly. The extent of elder abuse is currently
  unknown

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