United States v. Bell case brief

United States v. Bell case brief summary
505 F.2d 539 (1979)

CASE SYNOPSIS

Appeal from an order of the United States District Court for the Northern District of Illinois, Eastern Division, which convicted defendant of assault with intent to commit rape at a place within the special territorial jurisdiction of the United States, in violation of 18 U.S.C.S. § 113(a).

CASE FACTS
Defendant was convicted in a bench trial of assault with intent to commit rape at a place within the special territorial jurisdiction of the United States, in violation of 18 U.S.C.S. § 113(a).

DISCUSSION

• The trial court held it was not necessary to the offense of assault that the victim had a reasonable apprehension of bodily harm. 
• There was an attempt to commit a battery, and hence an assault, under circumstances where the intended victim was unaware of danger. 
• Apprehension on the part of the victim was not an essential element of that type of assault. 
• Defendant's attempt to rape an insensitive victim was an assault under 18 U.S.C.S. § 113(a).

CONCLUSION
Judgment convicting defendant of assault with intent to commit rape at a place within the special territorial jurisdiction of the United States upheld because apprehension on the part of the victim was not an essential element of that type of assault.

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