ASSAULT

TOPIC OF THE DAY

- DEFINITION

- TYPES OF ASSUALT

- ELEMENTS OF ASSAULT

- CONSENT

Definition of Assault

Assault, in legal terms, generally refers to an act that creates an apprehension in another person of an imminent, harmful, or offensive contact. It is important to note that actual physical contact is not necessary for an act to be classified as assault. The mere threat or attempt, coupled with the apparent ability to carry out the threat, can constitute assault.

In Nigerian law, assault is defined under section 252 of the Criminal Code Act, which applies to the Southern States, and section 263 of the Penal Code, which applies to the Northern States provides that an assault is any act that intentionally or recklessly causes another to apprehend immediate and unlawful violence.

Types of Assault

1. Simple Assault: This is the basic form of assault, where there is an intentional creation of apprehension of imminent harm without physical contact. For instance, raising a fist in a threatening manner can constitute simple assault.

2. Aggravated Assault: This form involves more serious circumstances, such as the use of a weapon or intent to commit another serious crime. It generally carries more severe penalties. An example is pointing a gun at someone even if it is not fired.

3. Sexual Assault: This includes any non-consensual sexual act forced upon another person. It ranges from unwanted touching to rape. See section 358 of the Criminal Code Act and section 283 of the Penal Code Act which addresses sexual assault.

4. Assault Occasioning Actual Bodily Harm (ABH): This type of assault results in physical harm or injury that is more than transient or trifling. For example, hitting someone and causing bruising or a cut can be classified as ABH. See section 355 of the Criminal Code Act and section 265 of the Penal Code Act which defines assault occasioning harm.

5. Grievous Bodily Harm (GBH): This is the most serious form of assault, involving severe injury. It includes injuries such as broken bones or injuries requiring significant medical treatment.

Elements of Assault

1. Intent: The perpetrator must have intended to cause apprehension of immediate harm or offensive contact in the victim. This intent can be direct or inferred from reckless behavior. See the case of Akpan v. State (1992) 6 NWLR (Pt. 248) 439 which dealt with the elements of assault and the importance of intent and apprehension in constituting assault.

2. Apprehension of Harm: The victim must reasonably apprehend immediate and unlawful violence. The apprehension must be one that a reasonable person would experience under the circumstances.

3. Immediacy: The threat of harm must be imminent. There must be a present ability to carry out the threat, even if no physical contact occurs. See the case of Agbo v. State (2006) 6 NWLR (Pt. 977) 545 which emphasized the significance of immediacy and the perception of threat in determining assault.

4. Unlawfulness: The act must be unlawful. If the action is legally justified or consented to, it may not constitute assault.

Consent in Assault Cases

Consent can serve as a defense to assault in some cases. If the victim willingly consents to the act, it may not be considered assault. However, the consent must be:

1. Freely Given: Consent obtained through coercion, fraud, or under duress is not valid.

2. Informed: The person giving consent must understand the nature of the act to which they are consenting.

3. Specific to the Act: General consent does not apply to all acts; it must be specific to the particular act of assault.

In cases involving sexual assault, consent is a critical factor. See The Nigerian Violence Against Persons (Prohibition) Act 2015 which specifically addresses issues of consent in sexual offenses.