Assault and Battery
In our society, people should be free from attack or threatened attack. An assault is generally defined as an immediate fear of an imminent unpermitted touching and battery is defined as an unpermitted contact. The law recognizes that one could suffer serious emotional harm from an assault, especially one with a history or background that would make them more vulnerable. A person who fled a war torn area of the world could be more prone to emotional trauma from an assault. Similarly, the law recognizes the serious harms that can result from a physical altercation. Batteries often occur in nightclub or bars and they can also appear in a medical malpractice context where a doctor or healthcare provider exceeds the scope of permissible consent. If one presented to a doctor for a surgical procedure on one’s toe, and the doctor undressed the patient and touched other completely unrelated areas of the body without consent, this could be considered a battery.