Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site denelcor.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!hao!denelcor!lmc From: lmc@denelcor.UUCP (Lyle McElhaney) Newsgroups: net.women,net.legal Subject: Re: charges and convictions Message-ID: <149@denelcor.UUCP> Date: Thu, 8-Aug-85 20:08:20 EDT Article-I.D.: denelcor.149 Posted: Thu Aug 8 20:08:20 1985 Date-Received: Mon, 12-Aug-85 04:02:07 EDT References: <630@ttidcc.UUCP> <631@ttidcc.UUCP> <505@h-sc1.UUCP> Organization: Denelcor, Aurora, Colorado Lines: 26 Xref: linus net.women:6409 net.legal:1643 > Why would battery not be a lesser charge than rape? Rape seems awfully > serious to me (yes, so does battery), especially for repeat offenders > (certainly more comparable to, say, a murder charge than battery). Or > do I misunderstand the legal meaning of the term "battery"? > Battery - the unlawful beating of another person, including every willful, angry and violent touching of another's person or clothes or anything attached to his person or held by him. ...as opposed to... Assault - an apparantly violent attempt or a wilfull offer with force and violence to do hurt to another without the actual doing of the hurt threatened (as with lifting a fist or cane in a threatening manner). I believe that what the original poster was referring to in suggesting charges of battery rather than rape is that battery does not not carry the traditional male/female loaded conotations that rape does, and therefore the chances of conviction would be more likely, and cost the victim less in emotional upset. Which is probably true. Unfortunately, as was pointed out, battery is considered a much smaller crime than rape, with much more lenient punishment (I think it is classed as a misdemeanor, whereas rape is generally a felony). Too bad, too. Lyle McElhaney ...denelcor!lmc