Legal Question in Criminal Law in Virginia
In common law assault, who has to view the contact as offensive, the victim or the subject causing offensive contact? (A reasonable person in the victim's shoes or the assaulters shoes?)
Asked on 7/04/10, 8:01 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
The issue would not turn on which party's view of the assault was offensive (which would be utterly subjective) but the totality of the facts as objectively viewed by the proverbial reasonable man.
Answered on 7/05/10, 8:15 am
Edward Hoffman
Law Offices of Edward A. Hoffman
It's an assault if a reasonable person in the victim's position would consider it offensive.
Since an assailant will almost never consider his own actions offensive, there would be few if any assaults under the standard you suggest.
Answered on 7/05/10, 3:10 pm
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