VERY IMPORTANT assault question, please help?
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VERY IMPORTANT assault question, please help?
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is screaming in someone's ear intentionally considered assault? like, if someone came up to you and let out a high pitched scream right into your ear for spite.
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David K
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First there are two types of assault: civil and criminal.
Civil assault requires that the person who screamed (“screamer”) created a reasonable apprehension in other person of immediate harmful or offensive contact to the person. Screamer had to intended to make the other person apprehensive of immediate harmful or offensive contact with the person (P has to be aware of D’s action). Lastly, the damage to the screamer’s action has to be the legal cause of the other person’s damages. Tested: but for the screamer’s action would the other person felt apprehension.
Criminal assault differs from state to state but generally, an attempt to commit a batter or intention creation of a reasonable apprehension in the mind of the victim of imminent bodily harm.
APPLICATION: Screaming into someone ear is an offensive contract and likely to cause the injury person apprehension. In addition, you intended to do so. So, yes screamer has committed an assault. |
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MIKEE
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did it hurt u, then yes |
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Kyle
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this is scarry to me so yes |
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Girl America
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you could possibly go deaf so i would say yes. |
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Fufu Head
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Yes, cause it can cause hearing damage. |
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5150
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If you don't like them...YES. If you do like them then just kick their a$$. |
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Cathrine K
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It could be, because it can cause injury, and if the person who was screamed at did not initiate the contact, then that can be assault |
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Pagan Dan
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You said your question was "VERY IMPORTANT" but you didn't say why. Secondly, you said the person screamed "for spite" but you did not give any evidence to suggest that spite was a motivation.
Technically I suppose it's assault, but I don't know if the police or the prosecutor would touch it. |
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Stupified
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I wouldn't consider it assault, but then again, the jury might be idiotic and decide otherwise. |
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i have your answer
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yes |
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$pOnGeBoB : )
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any thing u feel thretend by is a assult like if it bothers u then report it |
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steff m
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It depend where you are. In the uk, an assault is anything which makes the victim feel that immediate and unlawful force is about to be used against them. If it just annoyed you, it won't be (unless part of a continuing harrassment), but if you were genuinly scared and thought they might harm you in someway, it could be assault.
p.s. you would also need to prove mens rea, the mental element. e.g. that they intended you to fear from what they did. |
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Sue Girl
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I think one's eardrum can be damaged from a sudden loud noise so if your eardrum was damaged I would think maybe yes. |
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Barry C
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Why is this "Very Important"? Compared to what? |
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rogueriverbob
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might be more harassment then assault,..... |
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Angel
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I would say yes but better punishment would be to kick their @ss...self defense |
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Miguel D
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yup. it can permanently damage someone's hearing and by that you could be filed some charges. it's kinda annoying to. |
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Doc Holiday
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An assault is the threat- the battery is the follow through on the threat. I think both instances would be considered battery. |
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