Abstract This paper gives an explanation of the concept of assault and battery under the Tort Law ( civil law ). Both concepts are treated separately. The conditions for any assault or battery to take place are explained with examples throughout.
From the Paper "Humans are aggressive and violent by nature. There are people who are capable of committing serious acts of violence against their own kind. Since the beginning of civilizations, crime has remained an integral part of our society and will continue to plague it. In order to harness the violent nature of mankind, societies evolved rules and regulations commonly known as the laws. Any person found violating these laws is subjected to punishment which not only curtails the criminal's freedom but also serves as a deterrent for others. Law is a complicated subject but ignorance of law is no excuse. A common person generally has some knowledge about criminal law because incidents related to crime and delinquency remain on forefront of media. The other types of law do not form any sensational news and therefore remain in background. The purpose of this paper is to focus on civil law (commonly known as Tort Law) and analyze the implications of Assault and Battery by identifying the differences between the two and quoting suitable examples of each."
Abstract This paper offers an all-encompassing study on sexual assault. It defines sexual assault and its far reaching effects. The author continues to discuss methods in which sexual abuse can be effectively treated and reduced. The paper analyzes existing sexual assault centers, mainly in Alberta, and how reform needs to be made with continued research and changes to the justice system in the hope of improving the overall health and well being of individuals. Also included are flow charts and matrix to support and quantify the authors opinions.
PROBLEM IDENTIFICATION
Prevalence
Effects of Sexual Assault OBJECTIVES: WHAT CAN BE DONE?
Reduce the Occurrence of Sexual Assault Improve Survivors Recovery Process
ALTERNATIVES
Current System: Independent Sexual Assault Centers with Private Funding
Independent Sexual Assault Centers with Government funding
Amalgamation of Sexual Assault Center Services with Other Services
STAKEHOLDERS
Survivors
Supporters
Service Providers (Crisis Centres)
General Population
Government
Funders
CRITERIA
Prevention
Efficacy
Cost Effectiveness
Efficiency
Access
Choice
Equity
Safety
MULTI-CRITERIA MATRIX EVALUATION
Criteria by Alternatives
Alternative 1: Independent Sexual Assault Centers with private funding
Alternative 2: Independent Sexual Assault Centers with Government funding
Alternative 3: Amalgamation of Sexual Assault Center Services with Other Services
Criteria by Stakeholders
Survivors
Supports
Service Providers
General Population
Government
Funders
Objectives by Stakeholders
Objectives by Alternatives
Objectives by Criteria
Stakeholders by Alternatives
CONCLUSION
Appendix A
Policy: Sexual Assault Multi-
Sexual Assault Policy Multi - Criteria Matrix
References
From the Paper "Sexual assault and sexual abuse, though often not acknowledged, are very prevalent in our Western society. A Statistics Canada survey conducted in 1993 found that 39% of adult women in Canada have experienced at least one incident of sexual assault, as defined by the Criminal Code of Canada, since the age of sixteen (Statistics Canada, 1993). FBI annual statistics have estimated lifetime prevalence rates of one in four women and one in eight men who will be sexually assaulted (Rennison, 1999). These findings are concurrent with other studies that have been conducted by various researchers in both Canada and the United States (Koss, 1993; LoVerso, 2001; Bagley, 1984; DeKeserdy et al, 1993). Given the taboo around sexual assault and sexual abuse along with fears of not being believed and feeling somehow responsible for the assault, it is likely that these prevalence rates are underestimates of the true prevalence rates because of underreporting (Kahn and Andreoli, 2000)."
Abstract This paper discusses the crime of sexual assault. It looks at the reasons why sexual assault is extremely under-reported and the psychological toll that a sexual assault can take on the victim. It also discusses the possible end results following sexual assault, as well as the experience of a trial.
From the Paper "The process of a trial can be both therapeutic and traumatic for a victim of sexual assault. Hopefully if society keeps going in the same direction with education, awareness, and lessening the stigma, the act of reporting an assault will be easier and more likely in the future. There are already numerous programs and community outreach groups that are dedicated to victim advocacy. Our next step is to continue raising awareness about rape and assault prevention, and to work towards lessening the stigma of sexual assault so that more victims are willing to report it, even if it means facing a long and grueling trial process. Ultimately, though crimes of this nature can have a devastating effect and those hurt by it, there are many things we can do to turn the trauma into something good."
Abstract This paper presents a number of central themes that help to outline how the current sexual assault laws are falling short of meeting community expectations because of the environment in which they operate and the way in which they are implemented. The paper discusses the law itself and explores the myths that pervade society illustrating how these affect the implementation of the law both outside and within the courtroom. The paper examines evidentiary procedures in sexual assault trials, the notion of consent, the belief of the accused, the chaste woman and sentencing.
From the Paper "It is impossible to accurately measure whether the majority of society is more, or less, supportive of rape prone behavior. In any case, it is not that simple to draw the distinction. What I can say with a degree of optimism though, is that just as you didn"t have the same level of acceptance for alternative sexual preferences forty years ago, you also didn"t have the openness and sheer volume of discussion about sexual assault and the experiences of women who enter the legal system. It is my opinion that community attitudes, while they may always be diverse and divided, are generally becoming more sympathetic to the needs of women and less likely to tolerate a society that allows female subordination. It is a time of transition for the Western world and that is the positive stance I will be taking when I refer to "society"s? attitudes. While the laws in their current form are an improvement and a beginning, it is the attitudes of those members of society who fall out of my definition, that need to change before they can be implemented in a way that is truly valuable to women."
Abstract Every two and a half minutes, somewhere in America, someone is sexually assaulted. This paper examines what exactly constitutes sexual assault and whether it can be considered a form of rape. It looks at the impact sexual assault has on the victim, as well as on society and the criminal justice system.
From the Paper "Sexual Assault impacts nearly every person in America in some way because a total of 17.7 million women have been victims of these crimes. That's one out of every six American women. Unfortunately, we all know someone that has been a victim of this in some fashion. Sexual assault is not limited to the poor or undereducated, it can happen at every level of social, economic, and educational strata. There are no monetary, ethnic, or religious connections that create attackers. They can be the college boy next door, or the professor of a major university, a car salesman, or a major sports icon, multi-million dollar a year financial advisor, or a cable TV repairman."
Abstract This paper analyzes the history of common law assault and battery elements and it compares those with the statutes developed for one of the states in America, Idaho. The paper looks at specific cases to discuss the developments. Additionally, the paper discusses possible reasons for the changes and then examines future alterations in terms of modern society.
From the Paper "The definition of aggravated battery also differentiates from common law, which has no such definition. Idaho statute IC 18-907 defines the crime as someone who, in the course of committing battery, commits great bodily harm, disability, or disfigurement, uses a deadly weapon, uses a chemical, or attacks a pregnant female and causes harm to the fetus. The statute continues to state those performing consensual abortions, giving appropriate medical treatment to a pregnant female, or a woman who injures her own embryo or fetus, is not to be subject to aggravated battery (IC 18-907). It is clear through the very detailed description of instances regarding pregnant females that such a population was a primary focal point of this statute."
Abstract The paper addresses the political and social climate leading up to the gun bans put into effect during President Clinton's term in office and explains how the intense crime wave from which the nation was suffering led to an emotional appeal for gun control from gun control advocates. The paper explores the background, provisions and constitutional validity of the Brady Bill, the Assault Weapons Ban and Bureau of Alcohol Firearms and Tobacco (BATF) regulations. The paper notes the limited measure of success from the Assault Weapons Ban but then shows where and how the Assault Weapons Ban failed. The paper emphasizes how the pro-control polices and legislation of the Clinton Administration were ultimately unsuccessful in achieving their desired results.
Outline:
Section I: Introduction
Section II: National Sentiments Leading to Gun Bans
Section III: Brady Bill
Section IV: Assault Weapons Ban and BATF Regulations
Section V: Where the Bans Achieved Success
Section VI: Where and How the Assault Weapons Ban Failed
Section VII: Conclusion
From the Paper "Through the 1980s, the American people suffered through a crime wave that was peppered with headline grabbing mass shootings perpetrated with the assistance of media-dubbed "assault weapons." The American people turned in fear to their government, demanding comprehensive crime control. Groups such as the Brady Campaign to Prevent Gun Violence, formed from Handgun Control Inc., pushed strongly for gun control, launching nationwide campaigns to increase the registration, restriction, and government control of firearms. The results from this push for control were varied pieces of legislation which were passed in multiple states, but the culmination of the efforts for more gun control were manifested in the laws passed during and the policies practiced by the administration of President Clinton."
Abstract In this article the writer discusses the the creation and management of a psycho-educational group for sexual assault in the workplace. The writer explains that such a group's purpose would be to serve the employees' needs concerning sexual assault prevention and treatment. The writer notes that perhaps the most important function this group can serve is to change attitudes and to help create an education program to help other employees, especially in prevention of sexual assault. Further, the writer points out that educating people to teach their children well is a worthwhile goal for the group, and the potential for assault can be lowered within the employees and their families.
From the Paper "Recruiting group members is not terribly difficult these days, but screening the selection might be problematic. One needs to take care not to turn away potentially useful members, nor to injure feelings in the process. It should never be made public who applied and who was not chosen. For this reason, an initial screening with a survey which all employees fill out using numbers instead of names would probably be the most useful initial recruitment tool. The surveys could be labeled confidential and distributed in such a way that the counselor would know who each one is, but nobody is ever told they can be identified by the counselor. They will probably assume they are totally anonymous."
Abstract This paper reveals what type of involvement could effectively be used with these families along with different agencies that could provide services to assist them. Statistics of Canada and United States of America are also provided to reveal the degree of parent assault and sibling assault, for better understanding of such incidences as well as explore the causes and correlates of such behavior in families. In conclusion, general recommendations are given as to what appropriate types of intervention assistance can be offered which at the same time are supplemented with theories given in the paper and to what kinds of intervention programs would be most effective, particularly to treat adolescents who assault their parents.
From the Paper "The legal definition of family violence, under the Women's Charter, is the charge of any of these acts as given below: ?To restrain or confine a family member against his will in a wrong manner; or ?Attempt continual harassment with an intention to either cause or know that it is expected to end in torment to a family member. ?Cause hurt to a family member by any such act which is either known or ought to have been known would end in hurt; ?Fear of hurt deliberately or knowingly incorporating, or making an attempt to place in family member."
Abstract This paper looks at the plans of Operation Overlord and new technologies invented to aid the assault. Focuses on Omaha Beach and how events played out for the landing troops. The assault itself is the main topic of the paper. Appendix contains the troop load-out of a typical assault craft.
From the Paper "As dawn loomed just over the horizon, Operation Overlord was in serious trouble. With paratrooper misdrops all over Normandy and landing craft miles off course, the carefully thought out plans of D-Day were quickly falling apart. The fate of the world no longer rested on the preparations of months past, but on the courage and resourcefulness of Allied troops. No one was ready for what those soldiers were about to face. To understand where everything fell apart, one must start at the beginning and look at the plans, the naval bombardments, and the fateful landings that changed the world forever."
Abstract In this article, the writer notes that the increased use of gamma-hydroxybutric acid (GHB) to facilitate assault is a growing concern across America. The writer points out that colloquially known as the 'date-rape' drug, GHB is not only inexpensive, it is also easily accessible and easy to use by those wishing to conduct sexual assault. The writer discusses that for this reason, there is a need for women to be better informed about the uses of GHB, its effects, and how it is used in sexual assault. In addition GHB's legal status is discussed as well as the regulations that are in place from the FDA and DEA.
Outline:
Abstract
Introduction
GHB Overview
GHB and Date Rape
Legal Status of GHB
Conclusion
From the Paper "Traditional cases of date rape involve substances that will likely physically disable their victims, sedating them into a state of unconscious anesthesia, which deprives them of cognition. This includes the ability to be oriented, the ability to remember what happened during the event, and the ability to maintain consciousness. The ideal drug, according to Jansen and Theron will create profound memory loss and will last at least a few hours, while impairing the ability to move. The ideal date rape drug is colorless and odorless, and can be dissolved easily in alcoholic or other beverages. GHB meets all of these requirements for the perfect date rape drug.
"Once awakened from their drugged coma, victims report a significant period of memory loss, where they typically have been moved to a new location. Often, the last memory a victim recalls is drinking a strongly flavored beverage that has been given to them by the perpetrator."
Abstract This paper discusses how domestic violence and sexual assault are commonplace in a world filled with anger, abuse and neglect and how more often than not, the victims of domestic violence and sexual abuse very often grow up to be abusers themselves. It examines how W.I.N.G.S. (Women In Need of Gods Shelter) was founded as a comprehensive intervention program to assist women and families who are the victims of domestic and sexual abuse. In society today, there are more animal shelters than there are shelters for women who are the victims of violent and sexual assault. It evaluates how intervention programs, such as that offered by W.I.N.G.S., are one of the ways to end the pattern of abuse and offer women, children and families a chance at survival and emotional healing.
From the Paper "The services offered at W.I.N.G.S. are free and confidential. One of the most comprehensive services that W.I.N.G.S. offers women is their sexual assault service. This intervention program was established to aid women who are the victims of rape or other sexual assault, and offers "prevention education programs" for youths, in an effort to increase awareness of the frequency of this crime, and ways people can protect themselves from becoming a victim. The prevention program not only defines rape for youths, and addresses how to avoid it, but also teaches young adults skills necessary to help out a friend that may be a victim of a sexual crime."
Abstract This paper provides a review of an article by T. Brettel Dawson entitled, "Sexual Assault Law and Past Sexual Conduct of the Primary Witness - The Construction of Relevance". (Canadian Journal of Women and the Law. 310: 311-17, 321-325, and 333-334). The essay assesses the contexts of gender bias in the laws regarding sexual assault and how the Canadian legal system deals with the issues.
Abstract This paper takes a look at the situation of nurses in home health care, who regularly work in isolation without the benefit of peers or essential supports, unlike nurses in hospitals, which have the benefit of safety and security measures provided by the institution. The paper points out that home health care nurses are predominately female and are subject to high physical and psychosocial demands. Furthermore, many of these nurses work in isolated rural settings, making them more prone to physical assault, sexual assault and various forms of workplace violence, as well as personal injury related to heavy lifting. The paper argues that the most important point about health and safety issues is that they impact of the care the client receives. To conclude, the paper maintains that the goal for all home health care agencies must be to ensure the safety of both staff and patients, and this may be achieved through employee awareness and in agency commitment to the staff.
From the Paper "Home health care is a rapidly expanding industry because of such factors as an aging population and decreased hospital stays. With that expansion have come increasing incidents of violence in the workplace. Surveys of nurse reveal that problems related to safety in the home care field have escalated. These problems range form verbal and physical abuse, along with threatening animals to visible weapons and illegal drugs (Sylvester & Reisener, 2002). In addition, nurses in home care very often work in areas where the crime rate is above the national average. All of these issues and concerns create a potential impact on patient care and patient outcomes (Fazzone & Barloon, 2000). When nurses are in continual fear over their safety, this situation is certain to affect the quality of care."
This paper discusses how women's self-defense programs and courses empower females against potential rapists and date rape and examines Katie Roiphe's book, "The Morning After: Sex, Fear, and Feminism on Campus".
Abstract This paper argues that physically fighting back and the type of physical self-confidence gained through defense sports and sports in general should come to the forefront of the debate against rape. The author does not suggest that women's defending themselves physically can replace the legal process as a way of punishing rapists. The issue is how women can both protect themselves and, if they have been raped or assaulted, find a way to cope with the tragedy which has occurred. The paper looks at numerous publications regarding feminism, self-defense, date rape and female sexuality.
From the Paper "It is the contention of this paper that women's self-defense, particularly martial arts, gives women the best kind of physical and mental confidence to resist rape and to overcome the trauma of rape. Martial Arts enables a woman to feel confident about her body, not as something passive and used, but as something strong and resilient. For women whom have been raped, it enables them to see a difference in what their bodies can do since they experienced the crime. It gives them something physical and concrete to do, in place of or in addition to simply to rehashing the details of the crime over and over again. Women who are prosecuting their attacker may be forced to do even if they do not participate in a Take Back the Night march, and if they do so in such a context they are not doing it in a "safe space" but a contentious one. This could make the act of speaking about the crime to be less cathartic."
