Eleanor Finch
Battery is an intentional tort, or civil wrong, that arises from an intentional act. It is a general intent crime, meaning the actor does not need to intend the specific harm resulting from the unwanted contact. The tort of battery includes any type of physical contact with a person that is not consensual. The consequences of battery can be both civil and criminal. The following examples may help illustrate what constitutes a battery: throwing water in someone's face, non-consensual touching of a person's thigh, grabbing someone's purse, or spitting into someone's coffee.
| Characteristics | Values |
|---|---|
| Nature | Civil or criminal tort |
| Intent | To cause harmful or offensive contact |
| Contact | Physical, indirect, or non-bodily |
| Consent | Non-consensual |
| Harm | Physical, mental, emotional, or other |
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What You'll Learn
Intentional tort
Battery is an intentional tort, a civil wrong arising from an intentional act. It is a general intent crime, meaning the actor does not need to intend the specific harm resulting from unwanted contact. The tort of battery is any type of non-consensual physical contact with a person. It refers to intentionally touching another in an offensive way. The consequences of battery can be both civil and criminal.
Civil liability would include monetary damages for the actual touching, even without an intent to harm the person. Criminal liability, on the other hand, would involve the perpetrator intending to harm the plaintiff by touching. Criminal battery charges can range from misdemeanours to felonies.
To prove a defendant committed the intentional tort of battery, several elements must be fulfilled: intent, an act, cause, and harmful or offensive contact. "Intent" means either purpose or "knowledge with substantial certainty". "Cause" in an intentional tort only needs to be actual cause, meaning that the defendant's actions led to the tortious result.
It is important to distinguish battery from assault. Assault is the causing of a reasonable apprehension of an imminent harmful or offensive contact. No contact is required for there to be a tort of assault. For example, a person who intends to hit another and misses would still be liable for the tort of assault. However, if the person intended only an assault and harmful or offensive contact occurs, the person has committed both assault and battery.
Aggravated battery involves aggravating circumstances, and the liability and sentencing are typically harsher than for battery.
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Non-consensual contact
The concept of non-consensual contact also extends to situations where there is no direct physical contact between the defendant and the plaintiff. For example, if a person leans forward and yanks a necklace off another person, a battery has occurred even though the first person never actually touched the neck of the second person. This is known as the tort rule of "extended personality", which applies to both civil and criminal battery.
In addition, non-consensual contact can include situations where there is a delay between the defendant's act and the contact with the plaintiff. For example, if a person digs a pit with the intent that another person will fall into it later, or mixes something offensive into food that they know the other person will eat, a battery has been committed when the other person falls into the pit or eats the offensive matter.
It is important to note that the plaintiff's consent can be express or implied. For example, if the plaintiff is playing sports with the defendant and participates in a way that could reasonably be expected to result in physical contact, they may be considered to have impliedly consented to that contact.
In the context of medical treatment, the consent of a person over the age of 16 who has sufficient maturity and intelligence to understand the nature and implications of the proposed treatment can also be considered valid. In such cases, the action would be consented to and would not constitute a tort of battery.
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Harm caused
The harm caused element distinguishes battery from assault, as battery requires actual physical contact resulting in harm, while assault involves the apprehension or fear of imminent harmful contact without the contact itself. This distinction is important as it highlights the focus on the physical impact and resulting harm in battery claims.
To prove harm caused, the plaintiff must provide evidence of the physical injury or pain inflicted by the defendant's conduct. This can include medical records, photographs, witness testimonies, or any other relevant documentation that demonstrates the extent and impact of the harm. The evidence should establish a direct link between the defendant's actions and the harm suffered by the plaintiff.
The harm caused in battery can range from minor injuries, such as bruises or scratches, to more severe physical harm, including fractures, lacerations, or internal injuries. It is important to note that the harm caused need not be severe or permanent, but it must be more than mere emotional distress or psychological harm. While emotional or mental suffering may be present, there must be a physical component to the harm to constitute battery.
In certain cases, the harm caused may not be immediately apparent or visible. For instance, the plaintiff may experience internal injuries, concussions, or soft tissue damage that becomes evident only later or through medical examination. In such scenarios, detailed medical evidence becomes crucial in establishing the extent and impact of the harm caused by the defendant's conduct.
Additionally, the harm caused in a battery claim may also include the transmission of diseases or infections. For example, if an individual spits on another person, and as a result, the victim contracts an illness or disease, this would likely constitute battery. The harm caused in such cases can have significant implications for the plaintiff's health and well-being, further emphasizing the seriousness of the tort of battery.
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Criminal battery
Battery is an intentional tort, or a civil wrong arising from an intentional act. It is a general intent crime, meaning the actor does not need to intend the specific harm resulting from unwanted contact. It is enough that the actor intends to commit an act of unwanted contact. For example, if someone violently yanks a necklace off another person, a battery has occurred. This is true even if the person did not intend to complete the violent yank and only made contact with the necklace.
In the US, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanour. The prosecutor must prove all three elements beyond a reasonable doubt: actus reus (the unlawful touching or application of force to the victim), mens rea (the intent to harm or recklessness), and the offensive or harmful nature of the contact.
Aggravated battery is battery that involves aggravating circumstances, such as when a battery causes serious bodily injury or permanent disfigurement. Liability and sentencing for aggravated battery are typically harsher than for simple battery. Aggravated battery is often a felony, which can result in more than a year in jail and fines. A felony conviction can also limit an individual's rights to own a gun, make it harder to get a job, or restrict where they can live.
Domestic battery is often a separate criminal charge due to the close relationship between the victim and perpetrator. Many jurisdictions have a mandatory arrest policy in cases of domestic violence, and a conviction can lead to the confiscation of firearms and a protective order or restraining order.
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Aggravated battery
It is important to note that the specific definitions and penalties for aggravated battery may vary across different jurisdictions.
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Frequently asked questions
No, battery does not require body-to-body contact. Touching an object intimately connected to a person, such as their clothing or something they are holding, can also be considered battery.
No, the plaintiff does not need to show proof of actual harm or fear in the case of battery. They need to show that they believed there was an impending contact or battery.
No, gross negligence or even recklessness may provide the required intent to find a battery. The plaintiff must only show that the defendant intended to commit an act of unwanted contact.
No, the plaintiff must show that the contact was non-consensual. Consent can be implied by participating in a particular event or situation, like playing sports with the defendant.
