An exception to this rule is that even in situations where consent was obtained, if the actions of the defendant move beyond the boundaries of the consent given, a battery may occur.
The discussion above deals with civil tort actions for monetary damages. Assault and battery can be the basis of criminal prosecution at a state level as well. While many aspects of criminal law focus on the rights of the criminal, recent attention has been focused on the rights of the victims of crimes, who often suffer great emotional, if not physical, injuries at the hands of the criminal. All fifty states and the federal government now have laws that protect victims. In many states, a victim is considered the person who’s directly suffered the effects of the crimes committed against him or her and the victim’s immediate family members who’ve suffered secondary effects of the crime (such as loss of a loved one). If you, or a family member, have been a victim of a crime, you should speak with a criminal law attorney in your jurisdiction to answer your questions and help you determine the best course of legal action in your situation.