What is Considered Verbal Assault?
Verbal abuse is characterized as a form of non-physical abuse, and in the most basic sense, verbal assault constitutes a threat against another individual made with the intent to cause fear and intimidation, or possibly even injury. While simplistically this may seem straightforward, to constitute a verbal assault, it must contain and meet the following conditions:
1. The threat or threatening behavior must be intentional; and
2. The threat must cause the victim to suffer some form of mental suffering or distress
3 . The threat must be severe enough that the average individual would find it intolerable and physically threaten to harm the subject
The law requires that there be sufficient proof that each of the above-listed conditions was met in order for an incident to be classified as a verbal assault. Generally speaking, however, if an individual threatens to kill another person with a gun, knife or other weapon, with intent to cause serious injury or death and the words or actions would cause a reasonable person to fear for his or her safety, the statute will have been violated.
Verbal Assault Under Statutory Law
California Penal Code Section 422 describes criminal threats and verbal assault as any statement, either oral or written, that directly or indirectly threatens the following: While California Penal Code Section 422 outlines the statutory requirements for making terrorist threats, when examining verbal assault, it is also essential to look at how a court has applied that law to particular factual situations.
In People v. Hayes (1999) 21 Cal.4th 1218, the Supreme Court of California held as follows: Statutory interpretation must be guided by the statutory purpose, including the evil that a given statute is designed to remedy. "Its aim is to enable the courts to carry into effect the will of the legislature by ascertaining the meaning and intent of the particular statute from all its parts, by looking at the evils which the statute is intended to remedy and the reasons which have induced its enactment."
One of the reasons the statute was enacted was that "[t]erroristic threats [] are an increasing societal problem . . . . [and] [a]n unusual number of such cases involve spousal abuse." "The Legislature intended section 422 to encompass affirmative acts as well as coercive language." (People v. Teal (1998) 61 Cal.App.4th 164, 169.) "The statutory purpose behind section 422 ‘is to protect individuals from the fear of being seriously harmed by threatened violence, [and] to prevent the use of actual violence in response to the threatened violence.’ (People v. Maciel (2013) 214 Cal.App.4th 1, 5 [155 Cal.Rptr.3d 312]; see also People v. Butler (2000) 112 Cal.App.4th 1039, 1049 [5 Cal.Rptr.2d 456] ["We do not condone reactionary violence that occurs in response to a threat . . . . The statute was enacted precisely to prevent such a result."].)
The elements of the crime of verbal assault are as follows: (1) a threat to commit a crime of violence against a person or property; (2) the speaker intended his or her statement to be taken as a threat; (3) the statement, "on [its] face" and under the circumstances, appears to be a threat; (4) the threat caused the person to be in sustained fear; and (5) a reasonable person would have also been in sustained fear.
Examples and Case Histories
Conduct that constitutes verbal assault can occur in many different forms and situations. One of the most infamous cases of verbal assault involved a School District facing allegations of verbal assault in a lawsuit filed in October 2008 by gay students against the district located in Mississippi.
In 2015 a retired physician in North Carolina won a $100,000 defamation of character verdict against the UK National Health Service (NHS) for a case of verbal assault from a receptionist.
In a November 2018 article, CBS News detailed an incident in Maine where a grocery store employee was overheard threatening to "shoot that Mexican." The store’s owner later fired the employee and issued a statement that stated "we want our employees to know that you do have to abide by the law."
Another case study comes from Merriam-Webster where they detailed this infamous case of verbal assault:
In 1917, a New York City lawyer named James Rowan went to a restaurant in a Manhattan hotel with a friend. He ordered tea and a sandwich and then "attacked the [waiter]… in a violent manner," by physically striking him, while simultaneously verbally assaulting him with racial slurs. In a court case following this incident, Rowan was discovered to have actually premeditated this "assault". A waitstaff tip was displayed after the judge determined that "the use of the epithet was a "deterrent to [the waiter]’s approaching or serving future patrons of the hotel."
Rather ironically, the waitstaff tip concluded that "the use of the epithet" was a deterrent to future patrons, there are case studies where use of the epithet made the case study more of a deterrent because it further drew attention to the verbal assault.
In Florida’s Homosassa River Case, multiple residents of a small river community filed a lawsuit against the state of Florida because they say that a quarry owner (who received a permit from Florida) verbally assaulted them. This is a unique case study because the verbal assault occurred during a public hearing, where the quarry owner repeatedly used an ethical word to describe the residents. The residents’ claims were upheld in court and the 5th Circuit Court of Appeal sided with the plaintiffs.
A case in Washington State was summarized by the Seattle Times as follows:
James Davis, a Jackson County resident, called U.S. Rep. Kurt Schrader "an alien" during a public meeting at a senior center in late March. Davis, upset about Obamacare, told Schrader: "We don’t know where he came from. But he came from somewhere; and he’s not a human being, as far as I’m concerned. He might be a Martian, I don’t know" … "I had never heard any one speak so — that derogatory about anyone, even as bad and awful as I think (Schrader is)," said Katherine East, a member of the Palm Garden Homeowners Association board of directors.
The Divergence Between Verbal Assault and Freedom of Speech
The perceived notion that verbal assault is a form of free speech has an intricate history that involves both legal and constitutional definitions. In short, it is lawful to use harsh words and insulting gestures toward a fellow citizen at the moment of attack. However, should these actions incite violence or make somebody feel as though they cannot go about their normal lives without avoiding possible violence, then you have crossed into verbal assault territory.
In general, it is not illegal to speak or do something in order to express your opinion, no matter how outrageous or vulgar it may sound to law formally trained ears. For example, you cannot be punished for your opinions on the government in places where you have the constitutional right to express them through verbal or written language, as outlined by the First Amendment .
However, that same Amendment does not give you the right to verbally and physically attack your neighbors and friends or even strangers if you feel like it. In fact, this idea was explicitly confirmed in Supreme Court Cases, including Watts v. United States, 394 U.S. 705 (1969). In that case, a defendant was charged with threatening the president of the United States. He claimed his threats were not meant to be taken seriously, but the court ruled that the charge could stand and used the following rationale:
Words of this nature may indeed be inflammatory and, in a particular context, create a clear and present danger of public disorder.
By this logic, verbal assault is any communication that deliberately targets a specific person or group of people under circumstances such that the person receiving the communication feels intimidated and threatened by it, and thus feels inhibited in going about their daily lives.
Victim’s Legal Options
While verbal abuse may seem less serious than physical harm, the law takes the matter just as seriously. Although the law does not define verbal assault as a separate crime, some people charged with certain crimes have had their charges enhanced because of verbal abuse.
The verbal abuse of a spouse is legal grounds for a divorce in all 50 states. In a recent high-profile case, Amber Heard accused her former husband Johnny Depp of verbal abuse and domestic violence in court filings prior to the granting of a domestic violence restraining order. Depp later made a public statement denying the abuse.
Harassment is treated as a crime in most states and generally involves a course of conduct toward another person that would cause a reasonable person to feel fear. Harassment consists of a series of events—a pattern of behavior. Verbal abuse or harassment can take many forms, from stalking to threats. Harassment is often a precursor to more serious crimes such as domestic violence and violent crimes (assaults and batteries).
If you are currently experiencing verbal abuse or harassment, your first step is to tell the abuser to stop it. If that fails, you can obtain a restraining order that orders the abusive person to stop their behavior. You will need to provide evidence of their harassment and demonstrate that it is reasonable for you to be afraid of them. There are procedures you must follow to obtain a restraining order. It varies from state to state but generally involves a filing request with the clerk of the local court. The filing may require you to detail your allegations against the abuser and your fears for yourself or others who may be at risk from them. If the abuse is severe or ongoing and the court agrees that it can be dangerous to your safety, then they may issue a temporary order until a hearing can be held. At that hearing, the abuser has a chance to explain their actions, and if it is agreed that further action is necessary, the court can issue a restraining order that lasts for a period of time or indefinitely. While this may seem complex and time-consuming, verbal abuse has been known to lead to physical abuse; thus, it is critical to get protection now, both for you and for others who may be in danger from the abuser.
State laws vary but often state that harassing someone is subject to criminal liability. This means that the abuser can be arrested for harassing you. To be charged with a crime of harassment, it is essential that you understand what was said. In most states, a threat of violence is considered a criminal offense. In some states, however, threats of bodily harm are not considered a crime. You may want to familiarize yourself with the laws in your state and talk to a lawyer if you are unsure.
You may also have a civil cause of action for verbal assault or abuse. Many states allow civil lawsuits for harassment and other abuse. While the law varies from state to state, you can sue abusers for damages in civil court. Whether to bring a civil lawsuit depends on your individual circumstances and the severity of the verbal offense. It is vital to reach out to an attorney licensed in your state for assistance with filing such a suit.
Take Precautions and Respond to Verbal Assault
Verbal assault may be most common in the workplace, but there are also important considerations in the school, family, and community contexts. Successful prevention and intervention is essential to protecting the rights of victims.
Safe and Respectful Workplaces According to the U.S. Equal Employment Opportunity Commission, verbal assaults are a form of harassment and are prohibited. Despite their illegality, verbal assaults can create hostile work environments and constitute sexual harassment, despite lacking physical contact with victims. Although it can be unclear if such a hostile work environment exists, the Commission notes some conditions that employers should be aware of: Employers should take proactive measures to reduce the risk of verbal assault in the workplace. This could include providing training on proper workplace conduct and implementing a policy to definitively address bullying, harassment, and other issues. When inappropriate conduct occurs, employers are responsible for adequately preventing, stopping, and addressing it to prevent liability.
Creating a Safe School Environment The failure to comprehend the types of bullying and harassment that can create an unsafe atmosphere at school can have serious consequences . Verbal assault is common among peers who may consider such behavior to be normal. However, this behavior can affect academic performance and psychological development. Educators can help foster respect for all students while reducing bullying by: Ensuring a safe, supportive, and conducive learning environment is crucial for effective education, and schools can minimize bullying and verbal assaults through specialized staff training.
Family Dynamics Parents and guardians are often taught not to allow bullying at school. Still, it is important to teach tolerance and acceptance at home and to stress the importance of standing up against bullying. Healthy communication can help reduce harmful behavior in children. A strong parent-child connection is vital to developing good social skills and reading social cues. While children should be inspired to defend others from bullying, modeling appropriate behavior, remaining calm, and controlling your temper in a difficult situation can set a positive example.
Community Cooperation Communities can also help reduce bullying and verbal assault in non-school settings by offering enrichment programs, including sports, extracurriculars, and camps. Community centers and local recreation departments can play a pivotal role in creating a positive environment for children.