VIII. Assault

by Dennis
(Portland, Oregon)

A. Case Law Precedent. "If men have a quarrel and one strikes the other with a stone or with his fist, and he does not die but remains in bed; if he gets up and walks around outside on his staff, then he who struck him shall go unpunished; he shall only pay for his loss of time, and shall take care of him until he is completely healed" (Exodus 21:18,19).

"And if men struggle with each other and strike a woman with child so that she has a miscarriage, yet there is no further injury, he shall surely be fined as the woman's husband may demand of him; and he shall pay as the judges decide. But if there is any further injury, then you shall appoint as a penalty life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise" (Ex. 21:22-25).

"If, however, an ox was previously in the habit of goring, and its owner has been warned, yet he does not confine it, and it kills a man or a woman, the ox shall be stoned and its owner also shall be put to death. If a ransom is demanded of him, then he shall give for the redemption of his life whatever is demanded of him" (Ex. 21:29,30).

"When you build a new house, you shall make a parapet for your roof, that you may not bring bloodguilt on your house if anyone falls from it" (Dt. 2:8).

"And if a man injures his neighbor, just as he has done, so it shall be done to him: fracture for fracture, eye for eye, tooth for tooth; just as he has injured a man, so it shall be inflicted on him" (Lev. 24:19,20).

B. Statuary Provision. Because man is created in the image of God any non-lethal assault on man is held to be an assault on God, requiring restitution of the offender. Assault may be either unintentional or intentional. Restitution varies for each.

There is a gradation of punishment with lethal assault (homicide) depending on whether or not it is unintentional or intentional. From this we infer a gradation of punishment with nonlethal assault: accidental, negligent, consensual, intentional.

In cases of accident, negligence or assault by mutual consent, restitution is in the form of compensation for time lost during recuperation and medical expenses. In cases of intentional assault the additional penalty of lex talionis also requires equivalence or compensation for the physical injury.

1. Unintentional Assault. As the name implies there is no malice or intent to inflict harm, as in the case of most vehicle accidents. There is a fine line between accident and negligence, but the latter has an additional element of carelessness or lack of proper attention beforehand. The perpetrator owes restitution to the loser for time lost, damages, and medical expenses.

Consensual Assault is related in terms of punishment, but occurs when two people engage each other by consent in a duel, boxing match, or brawl, where the intent is to do violence to the image of God in the other. Both have inflamed passions and share in the guilt, but again the winner owes restitution to the loser for time lost and medical expenses. If the offender cannot afford restitution, he shall be required to work off the penalty.

2. Intentional Assault. Assault may be intentional, as when one man or his animal harms another. In this case the law of lex talionis governs restitution: “and if a man injures his neighbor, just as he has done, so it shall be done to him. Fracture for fracture, eye for eye, tooth for tooth…” (Lev. 24:19).

Victim has right to determine punishment under parameters set by judge (Lev. 21:22). A ransom, or compensation may be required in lieu of a physical equivalent. Or the victim may accept reduced or no punishment if they sense genuine repentance and desire to show mercy. Second offense is evidence of incorrigibility, which carries death penalty (Dt. 17:12).

C. Related Principles & Points of Law. Jas. 4:1 says war and bloodshed springs from passion and lust for what is not ours. God delegates the right of inflicting physical punishment to the civil government in Rom. 13:1. Imprisonment shall be no substitute for restitution and will normally hinder it. The state may not levy additional fines or fees in situations where no actual injury has occurred.

Num. 35:31 implies an allowance for ransom in all offenses other than premeditated murder. The law may be tempered by mercy at the victim's discretion because of the mediatorial work of Christ.

Num. 35:30 requires more than one witness. Eccl. 8:11 requires speedy execution of sentence upon conviction to ensure the deterrent value of the judgment. The condemned may not appeal, but a judge may appeal to a higher court if a case is too difficult for him (Ex. 18:26, Dt. 17:8).