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An assault is the illegal act of causing physical harm or unwanted physical contact to another person,or,in some legal definitions,the threat or attempt to do so. It is both a crime and a tort and,therefore,may result in criminal prosecution,civil liability,or both. Additionally,assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery,which is the deliberate use of physical force against another person. The deliberate inflicting of fear,apprehension,or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense,assault may result in a fine,imprisonment,or even death.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries,especially the United States,bail usually implies a bail bond,a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court,the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances,bail is returned after the trial is concluded.
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent,or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse,groping,rape,drug facilitated sexual assault,and the torture of the person in a sexual manner.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome,a magistratus was one of the highest ranking government officers,and possessed both judicial and executive powers. In other parts of the world,such as China,a magistrate was responsible for administration over a particular geographic area. Today,in some jurisdictions,a magistrate is a judicial officer who hears cases in a lower court,and typically deals with more minor or preliminary matters. In other jurisdictions,magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although,historically,sexual intercourse within marriage was regarded as a right of spouses,engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world,and increasingly criminalized. However it is repudiated by some more conservative cultures.
Gross negligence is the "lack of slight diligence or care" or "a conscious,voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
In England and Wales,a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here,notably family proceedings. In 2010,there were 320 magistrates' courts in England and Wales;by 2020,a decade later,164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
A procurator fiscal,sometimes called PF or fiscal,is a public prosecutor in Scotland,who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland,conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.
The High Court of Singapore is the lower division of the Supreme Court of Singapore,the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts,the Admiralty Court and the Intellectual Property Court,and a number of judges are designated to hear arbitration-related matters. In 2015,the Singapore International Commercial Court was established as part of the Supreme Court of Singapore,and is a division of the High Court. The other divisions of the high court are the General Division,the Appellate Division,and the Family Division. The seat of the High Court is the Supreme Court Building.
The precise definitions of and punishments for aggravated sexual assault and aggravated rape vary from nation to nation and state to state within nations.
The Penal Code 1871 sets out general principles of the criminal law of Singapore,as well as the elements and penalties of general criminal offences such as assault,criminal intimidation,mischief,grievous hurt,theft,extortion,sex crimes and cheating. The Penal Code does not define and list exhaustively all the criminal offences applicable in Singapore –a large number of these are created by other statutes such as the Arms Offences Act,Kidnapping Act,Misuse of Drugs Act and Vandalism Act.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law,but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
In common law jurisdictions,statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent. Although it usually refers to adults engaging in sexual contact with minors under the age of consent,it is a generic term,and very few jurisdictions use the actual term statutory rape in the language of statutes.
Burglary is a statutory offence in England and Wales.
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:
(1) A person (A) commits an offence if—
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances,including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.(4) A person guilty of an offence under this section is liable,on conviction on indictment,to imprisonment for life.
Following the common law system introduced into Hong Kong when it became a Crown colony,Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions,Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore,knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
Rape in Sweden has a legal definition described in Chapter 6 in the Swedish Penal Code. Historically,rape has been defined as forced sexual intercourse initiated against a woman or man by one or several people,without consent. In recent years,several revisions to the definition of rape have been made to the law of Sweden,to include not only intercourse but also comparable sexual acts against someone incapable of giving consent,due to being in a vulnerable situation,such as a state of fear or unconsciousness.
This article provides an overview of marital rape laws by country.
References
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- ↑ Furno, Christine (2002). International Studies Resources: A Selected Guide. Indiana University.
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- ↑ Proverbium. Ohio State University. 2000.
- ↑ Miller, Charles William Emil; Meritt, Benjamin Dean; Frank, Tenney; Cherniss, Harold Fredrik; Rowell, Henry Thompson (2000). American Journal of Philology. Johns Hopkins University Press.
- ↑ Acquah-Dadzie, Kofi (2000). A Handbook for Prosecutors. Associated Printers.
- ↑ Acquah-Dadzie, Kofi (2000). The Law and Procedure for the Trial of Rape and Other Common Sexual Offences in Botswana. Pula Press. ISBN 978-99912-61-75-1.
- ↑ Acquah-Dadzie, Kofi (2003). An Index to Selected Botswana Criminal Cases (1964–2002). ISBN 978-99912-0-427-7.
- 1 2 Morton, Fred; Ramsay, Jeff; Mgadla, Part Themba (23 April 2008). Historical Dictionary of Botswana. Scarecrow Press. ISBN 978-0-8108-6404-7.
- ↑ Acquah-Dadzie, Kofi (2004). The Policeman's Guide to Criminal Law and Evidence in Botswana. Time Publishers. ISBN 978-99912-510-1-1.
- ↑ Acquah-Dadzie, Kofi; Cheserem, Micah (2006). A Guide to the Heroes Acre--: Some Basic Facts about Zimbabwe's Heroes and the Heroes Acre. Ministry of Information and Publicity. ISBN 978-9966-22-540-5.
- ↑ Acquah-Dadzie, Kofi (2006). A Long Night of Regrets: Moral Lessons for the Youth. Hunyani Printopak. ISBN 978-99912-510-6-6.