 |
 |
 |
| |
|
|
U.S. v Bell
U.S. Ct. App. 1974
Author:- Sam Biers
Facts: While a patient at a detox facility, VA, defendant attempted to rape a female geriatric patient. The victim was unable to comprehend what was going on. Defendant claims that as a result reasonable apprehension of bodily harm could not exist.
Issue: Whether reasonable apprehension of bodily harm is a necessary element of assault?
Holding: Yes.
Procedure: Convicted at bench trial of assault with intent to commit rape within special jurisdiction of U.S. Affirmed.
Rule: Assault is an offer or attempt with force and violence, to do a corporal hurt to another . . .Every battery includes an assault. Apprehension on the part of the victim is not an essential element of the type of assault where victim is unaware of danger.
Court Rationale: Since an attempted battery is an assault, it is irrelevant that the victim is incapable of forming a reasonable apprehension. An attempted battery is an assault whether the victim was aware or not the attempt to cause harm to another is an assault.