Aggravated battery: Difference between revisions

From IntactiWiki
Jump to navigation Jump to search
Circumcision?: Revise text.
Circumcision?: Add citations.
 
(4 intermediate revisions by the same user not shown)
Line 1: Line 1:
'''{{FULLPAGENAME}}''' is a legal term for an [https://legaldictionary.net/battery/ act of battery], when it "is committed with intent to do serious harm or murder, or when it is done with a dangerous weapon, it is described as aggravated. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways—such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a [https://www.merriam-webster.com/dictionary/felony felony] in all states."<ref>{{REFweb
'''{{FULLPAGENAME}}''' is the legal term for an [https://legaldictionary.net/battery/ act of battery], when it "is committed with intent to do serious harm or murder", or when it is done with a dangerous weapon. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways—such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a [https://www.merriam-webster.com/dictionary/felony felony] in all states."<ref>{{REFweb
  |url=https://legal-dictionary.thefreedictionary.com/Aggravated+battery
  |url=https://legal-dictionary.thefreedictionary.com/Aggravated+battery
  |title=Battery
  |title=Battery
Line 28: Line 28:
Does the medically-not-indicated, non-therapeutic [[amputation]] of a healthy [[foreskin]] from the [[penis]] of a minor boy without his consent constitute <i>aggravated battery</i>?
Does the medically-not-indicated, non-therapeutic [[amputation]] of a healthy [[foreskin]] from the [[penis]] of a minor boy without his consent constitute <i>aggravated battery</i>?


<i>Circumcision</i> is the Biblical euphemism used by the [[circumcision industry]] to promote the irreversible surgical excision and [[amputation]] of the [[foreskin]] (AKA <i>prepuce</i>) of the [[penis]] of a human male. The harmful amputation causes [[MGM| genital mutilation]], permanent disfigurement, and permanent loss of function, which causes an increase in medical issues, degrades normal physiological sexual function, and causes psychological issues.
<i>Circumcision</i> is the Biblical euphemism used by the [[circumcision industry]] to promote the harmful, irreversible surgical excision and [[amputation]] of the [[foreskin]] (AKA <i>prepuce</i>) of the [[penis]] of a human male. The harmful amputation causes [[MGM| genital mutilation]], permanent disfigurement, and permanent loss of function,<ref name="andersen2025">{{REFjournal
 
|last=Andersen-Giberson
Since boys are too young to grant consent, the American [[circumcision industry]] has traditionally relied on [[surrogate consent]], granted by a parental surrogate, for [[circumcision]], not the actual child victim, however the Supreme Court of the United States of America (1944) ruled:
|init=D
<blockquote>
|author-link=Dale Andersen
Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves.<ref>[https://supreme.justia.com/cases/federal/us/321/158/ Prince v Massachusetts], 21 U.S. 158, 159-60 (1944)</ref>
|url=https://cdd.journals.yorku.ca/index.php/cdd/article/view/39786/36016
</blockquote>
|title=Circumcision and forced disability: Routine male neonatal circumcision and the consequences of amputation within a critical disability studies framework
Parental surrogates are denied the right to make that harmful choice for their children. [[Surrogate consent]] cannot be used to legalize or excuse the harmful aggravated battery of foreskin amputation.
  |journal=Critical Disability Discourses
 
  |date=2025-12
If a non-therapeutic circumcision is to be done, then it must wait until the patient reaches the legal age at which he can grant consent.
  |volume=10
 
  |issue=2
==European precedents==
  |pages=1-37
* [[Cologne circumcision court judgment]] (2012)
  |URL=https://cdd.journals.yorku.ca/index.php/cdd/article/view/39786/36016
* [[Re B and G (children) (No 2) EWFC 3]] (2015)
  |DOI=https://doi.org/10.25071/1918-6215.39786
{{SEEALSO}}
  |quote=In a critical disability studies framework, it is argued that the act of amputating healthy erogenous tissue and the consequences of that amputation cause disability, particularly from a counter-hegemonic lens.
* [[William Stowell]]
|format=PDF
* [[Wrongful circumcision]]
  |accessdate=2026-07-12
{{LINKS}}
}}</ref> which causes an increase in medical issues,<ref name="fendereski2024">{{REFjournal
* {{REFweb
  |url=https://uslawexplained.com/aggravated_battery
  |title=Aggravated Battery: The Ultimate Guide to a Serious Violent Crime
  |last=Anonymous
  |first=
  |init=
|author-link=
  |publisher=US Law Explained
  |website=https://uslawexplained.com/start
  |date=
  |accessdate=2026-07-11
}}
==Conclusion==
Circumcision of male children is a mutilation of genital tissue that permanently destroys the [[foreskin]] (prepuce) of a male child. It also irreversibly destroys the [[Foreskin#Physiological_functions_of_the_foreskin| protective, immunological, sensory, and sexual functions]] of the foreskin, leaving the male patient at increased risk of disease.<ref name="fendereski2024">{{REFjournal
  |last=Fendereski
  |last=Fendereski
  |first=
  |first=
Line 95: Line 81:
  |DOI=10.1016/j.jpedsurg.2024.06.022  
  |DOI=10.1016/j.jpedsurg.2024.06.022  
  |accessdate=2025-01-03
  |accessdate=2025-01-03
}}</reF> It is mutilating and causes permanent disfigurement of the [[penis]]. Circumcision of male children clearly meets all tests for aggravated battery. It cannot be legalized or excused by patient or surrogate consent because no one has the legal capacity to grant consent for the aggravated battery of non-therapeutic child circumcision.<ref name="hill2003">{{REFjournal
}}</reF> degrades normal physiological sexual function,<ref name="cepeda2025">{{REFjournal
|last=Cepeda-Emiliani
|first=
|init=A
|author-link=Alfonso Cepeda-Emiliani
|last2=Otero-Alén
|first2=
|init2=M
|author2-link=
|last3=Suárez-Quintanilla
|first3=
|init3=J
|author3-link=
|last4=Gándara-Cortés
|first4=
|init4=M
|author4-link=
|last5=García-Caballero
|first5=
|init5=T
|author5-link=
|last6=García-Caballero
|first6=
|init6=R
|author6-link=
|last7=García-Caballero
|first7=
|init7=L
|author7-link=
|etal=no
|title=The sensory penis: A comprehensive immunohistological and ontogenetic exploration of human penile innervation
|trans-title=
|journal=Andrology
|date=2025-09-19
|volume=
|issue=
|article=
|pages=1-41
|url=https://onlinelibrary.wiley.com/doi/epdf/10.1111/andr.70118
|archived=
|quote=
|pubmedID=40970806
|pubmedCID=
|DOI=10.1111/andr.70118
|accessdate=2026-07-12
}}</ref> and causes psychological issues.<ref name="tye2022"> {{REFjournal
|last=Tye
|first=
|init=MC
|author-link=
|last2=Sardi
|first2=
|init2=LM
|author2-link=Lauren Sardi
|etal=no
|title=Psychological, psychosocial, and psychosexual aspects of penile circumcision
|trans-title=
|language=
|journal=Int J Impot Res
|date=2023-05
|volume=35
|issue=3
|pages=242-8
|url=https://www.galdef.org/wp-content/uploads/2023/09/Tye-Sardi-Psycho-Aspects-of-Penile-Circumcision-IJIR-2022.pdf
|archived=
|quote=
|pubmedID=35347302
|pubmedCID=
|DOI=10.1038/s41443-022-00553-9
|format=PDF
|accessdate=2026-07-12
}}</ref>
 
Since boys are too young to grant consent, the American [[circumcision industry]] has traditionally relied on [[surrogate consent]], granted by a parental surrogate, for [[circumcision]], not the actual child victim, however parents do not have the right to harm their children, since the Supreme Court of the United States of America (1944) ruled:
<blockquote>
Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves.<ref>[https://supreme.justia.com/cases/federal/us/321/158/ Prince v Massachusetts], 21 U.S. 158, 159-60 (1944).</ref>
</blockquote>
Parental surrogates are denied the right to make that harmful choice for their children.<ref name="aap1995">{{REFjournal
|last=Committee on Bioethics
|etal=no
|title=Informed consent, parental permission, and assent in pediatric practice
|trans-title=
|language=
|journal=Pediatrics
|location=
|date=1995-02
|volume=95
|issue=2
|article=
|page=
|pages=314-7
|url=http://www.cirp.org/library/ethics/AAP/
|archived=
|quote=
|pubmedID=7838658
|pubmedCID=
|DOI=
|accessdate=2026-07-12
}}</ref><ref name="aviva2016">{{REFjournal 
|last=Committee on Bioethics
|etal-no
|title=Informed Consent in Decision-Making in Pediatric Practice
|trans-title=
|language=
|journal=Pediatrics
|location=
|date=2016-08
|volume=138
|issue=2
|article=
|page=e20161484.
|pages=
|url=https://publications.aap.org/pediatrics/article/138/2/e20161484/52512/Informed-Consent-in-Decision-Making-in-Pediatric?autologincheck=redirected
|archived=
|quote=Continuing limits on the widespread use of pediatric assent/refusal makes this review and restatement of AAP policy important.
|pubmedID=27456514
|pubmedCID=
|DOI=
|doi=10.1542/peds.2016-1484
|accessdate=2026-07-12
}}</ref>  [[Surrogate consent]] cannot be used to legalize or excuse the harmful aggravated battery of foreskin amputation.
 
If a non-therapeutic circumcision is to be done, then it must wait until the child patient reaches the legal age at which he can grant consent for himself.<ref name-"myers2020">{{REFjournal
|last=Myers
|first=
|init=A
|author-link=Alex Myers
|last2=Earp
|first2=
|init2=BD
|author2-link=Brian D. Earp
|etal=no
|title=What is the best age to circumcise? A medical and ethical analysis
|trans-title=
|language=
|journal=Bioethics
|location=
|date=2020
|volume=34
|issue=7
|pages=645-63
|url=https://www.researchgate.net/profile/Brian-Earp-2/publication/337720859_What_Is_the_Best_Age_to_Circumcise_A_Medical_and_Ethical_Analysis/links/5f815f61a6fdccfd7b555395/What-Is-the-Best-Age-to-Circumcise-A-Medical-and-Ethical-Analysis.pdf
|archived=
|quote=Based on a careful consideration of the relevant evidence, arguments and counterarguments, we conclude that medically unnecessary penile circumcision-like other medically unnecessary genital procedures, such as 'cosmetic' labiaplasty-should not be performed on individuals who are too young (or otherwise unable) to provide meaningful consent to the procedure.
|pubmedID=32068898
|pubmedCID=
|DOI=
|doi=10.1111/bioe.12714
|format=PDF
|accessdate=2026-07-12
}}</ref>
 
==European precedents==
* [[Cologne circumcision court judgment]] (2012)
* [[Re B and G (children) (No 2) EWFC 3]] (2015)
{{SEEALSO}}
* [[Informed consent]]
* [[William Stowell]]
* [[Wrongful circumcision]]
{{LINKS}}
* {{REFweb
|url=https://uslawexplained.com/aggravated_battery
|title=Aggravated Battery: The Ultimate Guide to a Serious Violent Crime
|last=Anonymous
|publisher=US Law Explained
|website=https://uslawexplained.com/start
|accessdate=2026-07-11
}}
==Conclusion==
Circumcision of male children is a mutilation of genital tissue that permanently destroys the [[foreskin]] (prepuce) of a male child. It also irreversibly destroys the [[Foreskin#Physiological_functions_of_the_foreskin| protective, immunological, sensory, and sexual functions]] of the foreskin, leaving the male patient at increased risk of disease.<ref name="fendereski2024" /> It is mutilating and causes permanent disfigurement of the [[penis]]. Circumcision of male children clearly meets all tests for aggravated battery. It cannot be legalized or excused by patient or surrogate consent because no one has the legal capacity to grant consent for the aggravated battery of non-therapeutic child circumcision.<ref name="hill2003">{{REFjournal
  |last=Hill
  |last=Hill
  |first=George
  |first=George

Latest revision as of 20:00, 12 July 2026

Aggravated battery is the legal term for an act of battery, when it "is committed with intent to do serious harm or murder", or when it is done with a dangerous weapon. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways—such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a felony in all states."[1]

Samantha-Rae Tuthil (2023) commented:

"Aggravated battery This is a much more serious charge. Like a simple battery, the prosecution must prove that you intended to make contact with the victim, that the victim did not consent, and that the victim suffered some kind of harm. In addition, they will usually need to prove that you intended to cause harm. An even more serious degree of aggravated battery will require great bodily harm. Permanent disfigurement, serious bodily injury, permanent disability, or possible risk of death are some of the ways an injury is considered great bodily harm. Sometimes, if you use a dangerous weapon or a deadly weapon like a gun or a knife in the battery, it will automatically count as aggravated, even without grave bodily harm. If the circumstances are severe enough, you could face an attempted murder charge or a sentencing enhancement."[2]

Circumcision?

Does the medically-not-indicated, non-therapeutic amputation of a healthy foreskin from the penis of a minor boy without his consent constitute aggravated battery?

Circumcision is the Biblical euphemism used by the circumcision industry to promote the harmful, irreversible surgical excision and amputation of the foreskin (AKA prepuce) of the penis of a human male. The harmful amputation causes genital mutilation, permanent disfigurement, and permanent loss of function,[3] which causes an increase in medical issues,[4] degrades normal physiological sexual function,[5] and causes psychological issues.[6]

Since boys are too young to grant consent, the American circumcision industry has traditionally relied on surrogate consent, granted by a parental surrogate, for circumcision, not the actual child victim, however parents do not have the right to harm their children, since the Supreme Court of the United States of America (1944) ruled:

Parents may be free to become martyrs themselves. But it does not follow they are free, in identical circumstances, to make martyrs of their children before they have reached the age of full and legal discretion when they can make that choice for themselves.[7]

Parental surrogates are denied the right to make that harmful choice for their children.[8][9] Surrogate consent cannot be used to legalize or excuse the harmful aggravated battery of foreskin amputation.

If a non-therapeutic circumcision is to be done, then it must wait until the child patient reaches the legal age at which he can grant consent for himself.[10]

European precedents

See also

Conclusion

Circumcision of male children is a mutilation of genital tissue that permanently destroys the foreskin (prepuce) of a male child. It also irreversibly destroys the protective, immunological, sensory, and sexual functions of the foreskin, leaving the male patient at increased risk of disease.[4] It is mutilating and causes permanent disfigurement of the penis. Circumcision of male children clearly meets all tests for aggravated battery. It cannot be legalized or excused by patient or surrogate consent because no one has the legal capacity to grant consent for the aggravated battery of non-therapeutic child circumcision.[11]

References

  1. REFweb Anonymous. Battery, The Free Dictionary by Farlex. Retrieved 11 July 2026.
  2. REFweb Tuthil, Samantha-Rae (21 December 2023). Aggravated Battery, https://www.lawinfo.com, LawInfo. Retrieved 11 July 2026.
  3. REFjournal Andersen-Giberson D. Circumcision and forced disability: Routine male neonatal circumcision and the consequences of amputation within a critical disability studies framework PDF. Critical Disability Discourses. December 2025; 10(2): 1-37. DOI. Retrieved 12 July 2026.
    Quote: In a critical disability studies framework, it is argued that the act of amputating healthy erogenous tissue and the consequences of that amputation cause disability, particularly from a counter-hegemonic lens.
  4. a b REFjournal Fendereski K, Horns JJ, Driggs N, Lau G, Shaeffer AJ. Comparing Penile Problems in Circumcised vs. Uncircumcised Boys: Insights From a Large Commercial Claims Database With a Focus on Provider Type Performing Circumcision. J Pediatr Surg. November 2024; 59(11): [161614]. PMID. PMC. DOI. Retrieved 3 January 2025.
  5. REFjournal Cepeda-Emiliani A, Otero-Alén M, Suárez-Quintanilla J, Gándara-Cortés M, García-Caballero T, García-Caballero R, García-Caballero L. The sensory penis: A comprehensive immunohistological and ontogenetic exploration of human penile innervation. Andrology. 19 September 2025; : 1-41. PMID. DOI. Retrieved 12 July 2026.
  6. REFjournal Tye MC, Sardi LM. Psychological, psychosocial, and psychosexual aspects of penile circumcision PDF. Int J Impot Res. May 2023; 35(3): 242-8. PMID. DOI. Retrieved 12 July 2026.
  7. Prince v Massachusetts, 21 U.S. 158, 159-60 (1944).
  8. REFjournal Committee on Bioethics. Informed consent, parental permission, and assent in pediatric practice. Pediatrics. February 1995; 95(2): 314-7. PMID. Retrieved 12 July 2026.
  9. REFjournal Committee on Bioethics. Informed Consent in Decision-Making in Pediatric Practice. Pediatrics. August 2016; 138(2): e20161484.. PMID. DOI. Retrieved 12 July 2026.
    Quote: Continuing limits on the widespread use of pediatric assent/refusal makes this review and restatement of AAP policy important.
  10. REFjournal Myers A, Earp BD. What is the best age to circumcise? A medical and ethical analysis PDF. Bioethics. 2020; 34(7): 645-63. PMID. DOI. Retrieved 12 July 2026.
    Quote: Based on a careful consideration of the relevant evidence, arguments and counterarguments, we conclude that medically unnecessary penile circumcision-like other medically unnecessary genital procedures, such as 'cosmetic' labiaplasty-should not be performed on individuals who are too young (or otherwise unable) to provide meaningful consent to the procedure.
  11. REFjournal Hill G. Can anyone authorize the nontherapeutic permanent alteration of a child's body?. The American Journal of Bioethics. 2003 (Spring); 3(2): 16-8. PMID. DOI. Retrieved 11 July 2026.