a. Facts-
P, blind music teacher for D, was sleeping overnight in D’s house. D entered
the room P was sleeping in, and “made repeated and persistent solicitations to
her for sexual intimacy, which she repelled”. P sued D to recover for the
sickness and fright she claimed to have suffered as a result.
b. Procedural
History- Trial Ct entered judgment on jury verdict for P. D appealed
c. Issue-
Whether D’s actions constituted assault
d. Holding-
Yes, D’s actions did constitute assault
e. Rule-
All necessary requisites of assault were present: intent and action
f. Rationale-
D had the intent to offend P, and P had an apprehension of imminent offense
No comments:
Post a Comment