Assault and battery
In
the torts of assault
and battery, assault is
a threat or attempt to physically harm another, while battery
is
the actual act of beating another. Both can be crimes (so the state
may prosecute) as well as torts (so the victim may sue). Examples
of assault include hitting a person with a stick or a fist, drawing a
weapon, and throwing something with
intent
to
wound or strike. All
battery contains some element of assault. A person may also commit
assault through physical contact that does not amount to battery,
especially if there was no injury to the victim.
Assault
has
slightly different meanings in different English-speaking
jurisdictions. In Australia and New Zealand, for example, it refers
to a crime of violence, while in the USA, it refers to a threat of,
or attempt to commit, an act of violence (the tort of battery
refers
to the actual act of violence). In some jurisdictions, it may include
any bodily contact without consent.
Not
all acts of violence constitute assault (and/or battery): obvious
exceptions include contact sports such as rugby or boxing (as long as
the act is within the rules of the game) and medical surgery (i.e.
where the patient has given consent).