Assault, Threats & Human Rights

By Ubong S. Ebong Esq. -
One of the serious but often overlooked societal vice which threatens people's rights is assault. Basically, you have the right to live your life without fear of unlawful physical violence or intimidation. Several human rights intertwine to offer protection to the common man from assault. In our discussion today, we will analyse 2 major aspects of assault, namely: 
1) battery,
2) threats & intimidation.

1) Battery in this context can also be referred to physical assault (we ain't talking about 'tiger' batteries now). Where Mr. A strikes, touches, moves or applies force in any other way to Mr. B without Mr. B's consent, Mr. A has committed battery or physical assault. Sometimes, even when Mr. A does any of the above to Mr. B with Mr. B's consent, it will still be deemed assault if Mr. A's actions are not justified, excused or authorised by law.

This therefore means that a wide range of violent physical activities which are common in our society today such as: kidnapping, fighting & beat downs, rape, child molestation, domestic violence etc all involve assault. Although each of these violent activities are crimes on their own, they also constitute assault.

Furthermore, where Mr. A touches, moves or applies force of any kind to Mr. B with Mr. B's consent but such consent is obtained by fraud or through deception, Mr. A will be liable/guilty of assault as well. For instance, a doctor or teacher who under the pretence of carrying out his/her professional duties, proceeds to molest or apply any form of unlawful force or physical contact with his/her patient/student will be guilty of assault as well.

2) Threat & intimidation is another variation of assault which is quite popular in our society, especially from our 'big' men & women in the society. But guess what, such actions are unlawful & punishable under our laws.

If:
a) there is a threat, 
b) the threat is to injure or harm you in anyway,
c) the threat is intentional & either meant to alarm you, or to make you do/not do something,
d) & the person making the threat presently has the ability to carry out his/her threats,
then such threat/intimidation amounts to assault & you have the right to protect yourself by reporting to the police & informing your lawyer.

Before we conclude let me just add that assault is both criminal & civil. It is criminal in the sense that it can be prosecuted by the police or Attorney General's office for the purpose of punishing the perpetrator if found guilty. It is also civil in the sense that the victim can sue the perpetrator for monetary compensation.

So now u know.
#KYR



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