United States v. Bell - 505 F.2d 539 (7th Cir. 1974)

Rule:

There may be an attempt to commit a battery, and hence an assault, under circumstances where the intended victim is unaware of danger. Apprehension on the part of the victim is not an essential element of that type of assault.

Facts:

The defendant, Tommie Bell, 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. § 113(a).  On appeal he raises only one question, viz., whether it is necessary to the offense of assault that the victim have a reasonable apprehension of bodily harm. 

Issue:

Is it necessary to the offense of assault that the victim have a reasonable apprehension of bodily harm?

Answer:

No.

Conclusion:

The court held that 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. Bell’s attempt to rape an insensitive victim was an assault under 18 U.S.C.S. § 113(a).