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  1. #1
    Join Date
    Jun 2010
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    Ridgedale Mo
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    Default Is There a Charge for a Mental Assault

    My question involves court procedures for the state of: Missouri
    If a person verbally abuses a mentally disabled person repeatedly for hours after told to leave, knowing the extent of the individual mental disorder, can charges be legally filed against them. If so what are the chances of a judgment in favor of the mentally disabled person.

  2. #2

    Default Re: Is There a Charge for a Mental Assault

    Without details, the question is way too vague for much of an answer.

    On the criminal law side of things, not leaving after being told to, COULD give rise to a criminal charge of trespass...but that depends on a lot of circumstances, none of which appear in what you've given us to work with. If police weren't summoned at the time, chances that anything would be done about it now are slim to none.

    On the civil law side of things, cases for intentional infliction of emotional distress are SUPER hard to win, and, there are many possible defenses.

    Without knowing basics like WHERE this occurred, the AGES of the persons involved, the CAPACITY of the person with the mental disability to understand the situation at the time, the REASON/NATURE for presumed authority of the victim to tell the other person to leave, any CAREGIVER relationship between the two, and perhaps a dozen other pieces of relevent information, there are just way too many possibilities to comment on.

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