In law, battery is an intentional tort, which is a civil wrong arising from an intentional act. It is defined as the intentional touching of, or application of force to, another person without their consent. Battery is a general intent offense, meaning that it doesnt require a specific mens rea. The prima facie case for battery contains four components:
- The defendant acts
- The defendant intends to cause contact with the victim
- The defendants contact with the victim is harmful or offensive
- The defendants contact causes the victim to suffer harm or offense
Battery is an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact. The attempt of battery is assault. The contact may extend to anything connected to the plaintiff’s person, such as their clothing. Even if the plaintiff doesn’t suffer actual damages, they can claim nominal damages. If a defendant acts with malice, the plaintiff may claim punitive damages.
To defend battery, the defendant can prove that they obtained the plaintiff’s consent or that they acted for the defense of others or in self-defense, even if the defense is only reasonable belief and not fact. Battery is typically classified as either simple or aggravated). Although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure).
