Rebecca was on her way home from work one night. As she passed through a park nearby, Derek, a middle-aged man, approached her with a knife in his hand and said "Be quiet or you are going to get hurt.” He then pushed Rebecca towards tall bushes. At that point, Derek demanded that Rebecca performed oral sex on him. Fearing for her safety, Rebecca obliged.
I am aware that rape has taken place here. But in reference to the approach with a knife and "Be quiet or you are going to get hurt" and the pushing towards the tall bushes , has Derek committed an assault?
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- Thread Starter
- 14-05-2013 23:25
- 15-05-2013 00:37
'Be quiet or you are going to get hurt' raises an old chestnut. Can she be put in fear of being hurt if she can avoid being hurt by complying with the request? There are some dreary old cases kicking about in the books on this, but I think it could perfectly well be answered using common sense. The man is not entitled to make that request; in fact it could be construed as a cause of fear in itself. Pushing the victim clearly constitutes a battery. It's probably silly to separate the incidents in this way - look at the whole transaction (showing knife, words spoken and pushing towards the bushes) as a continuing assault. Emphasise the fear that the whole sequence of events would have caused.