Chapter 9
Assault, Domestic Violence,
Stalking and Elder Abuse
Hess 9-1
Introduction
• Some assaults take place very publicly
• Often victims and witnesses are willing to press charges
and testify in court
• Domestic violence has become a priority in many
departments
• Psychological assaults or stalking behaviors have
become law enforcement concerns
Hess 9-2
Assault: An Overview
DEFINITION
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Unlawfully threatening to harm another person
Actually harming another person
Attempting unsuccessfully to harm another person
Naler v. State (1933)
Hess 9-3
Classification
TWO CLASSES
• Simple assault
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Causing fear of immediate bodily harm
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Attempting to inflict harm
• Aggravated assault
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Unlawful attack
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Inflicting severe bodily
injury
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Felonious
Hess 9-4
Classification
OFFICERS ASSAULTED
• In 2009, 57,268 officers assaulted while performing
their duties
LEGAL FORCE
• Physical force may be used legally in certain instances
• In loco parentis
Hess 9-5
Elements of the Crime
SIMPLE ASSAULT
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Most state statutes have common elements
Intent to do bodily harm to another
Present ability to commit the act
Commission of an overt act toward carrying out the
intention
Hess 9-6
Elements of the Crime
AGGRAVATED ASSAULT
• Bodily injury results in one of the following:
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A high probability of death
Serious, permanent disfigurement
Permanent or protracted loss or impairment of the
function of any body member or organ
Other severe bodily harm
Hess 9-7
Elements of the Crime
ATTEMPTED ASSAULT
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Also a crime in many states
Requires proof of intent
Overt act toward committing the crime
Intent or preparation is not enough to prove
attempted assault
Hess 9-8
Special Challenges in Investigation
MAKING DETERMINATIONS
• Distinguishing the victim
from the suspect
• Civil or criminal matter
• Intentional or accidental
• Obtaining a complaint
• Calls may be dangerous
Hess 9-9
The Preliminary Investigation
PROVING THE ELEMENTS OF ASSAULT
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Determine events leading up to the assault
Establish the intent to cause injury
Establish severity of the injury inflicted
Establish whether a dangerous weapon was used
Hess 9-10
The Preliminary Investigation
EVIDENCE IN ASSAULT INVESTIGATIONS
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Photos of injures
Clothing
Weapons
Bloodstains, hairs, fibers and other signs
Special categories of assault
Hess 9-11
Investigating Domestic Violence
OVERVIEW
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Pattern of behaviors
Physical, sexual, economic and emotional abuse
Alone or in combination
Often by an intimate partner
Maintain power and control
Hess 9-12
Investigating Domestic Violence
HISTORY OF DOMESTIC VIOLENCE
• Deep roots in patriarchal systems
• Passed from generation to generation
CYCLE OF VIOLENCE
• Tension-building stage
• Acute battering episode
• Honeymoon
Hess 9-13
Investigating Domestic Violence
TYPE OF ASSAULT AND WEAPONS USED
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Physical
Sexual
Threats
Psychological/emotional
PREVALENCE OF DOMESTIC VIOLENCE
• National Crime Victimization Survey
Hess 9-14
Investigating Domestic Violence
PREDICTORS AND PRECIPITATORS
• History of family violence
• Indicator crimes
POLICE RESPONSE
• Look for evidence
• Difficulty in determining cause for arrest
Hess 9-15
Investigating Domestic Violence
EFFECTIVENESS OF INTERVENTIONS
• Batterer intervention program (BIP)
• Stake in conformity
RESTRAINING ORDERS
• Full faith and credit
• Binding and enforceable nationwide
Hess 9-16
Investigating Domestic Violence
LEGISLATION
• Lautenberg Amendment 1968
AVOIDING LAWSUITS
• Pro-arrest policy
• Document why an arrest has or has not been made
Hess 9-17
Investigating Stalking
OVERVIEW
• Willful or intentional commission of acts
• Cause a reasonable person to fear death or serious
bodily injury
• Place the victim in fear of death
• Place the victim in fear bodily injury
Hess 9-18
Investigating Stalking
TYPES
• Intimate or former intimate
• Acquaintance
• Stranger stalking
LEGISLATION AND
DEPARTMENT POLICIES
• All 50 states have general stalking laws
• Variation and subjectivity exists
Hess 9-19
Investigating Stalking
POLICE RESPONSE
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Traditionally issue restraining orders
Unique challenge
Stalkers are not easily deterred
Victim input is encouraged
Strong connection between stalking and domestic
violence
Hess 9-20
Investigating Elder Abuse
GROWING CONCERN
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Physical and emotional abuse
Financial exploitation
General neglect of the elderly
Verbal abuse and threats
Sexual abuse
Abandonment
Hess 9-21
Investigating Elder Abuse
PREVALENCE AND NATURE
• Not a specific crime category in many states
• Extent of elder abuse is currently unknown
INDICATORS AND RISK FACTORS
• American Medical Association questions
• A learned problem-solving behavior
Hess 9-22
Investigating Elder Abuse
POLICE RESPONSE
• Have patience with victims
• Nonverbal cues are important
REDUCING ELDER ABUSE
• Community group activity
• Social isolation contributes to mistreatment
Hess 9-23
Summary
• Assault is unlawfully threatening to harm another
person
• Challenges in investigating assaults include
distinguishing the victim
• Establish the intent to cause injury and the severity of
the injury
• Stalking causes a person to fear death or serious bodily
injury
• The extent of elder abuse is currently unknown
Hess 9-24