Law Essay Example: Battery Complaint About Harris Sasha Lenea

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION, HARRIS SHASHA LENEA, a co-defendant, presents a complaint through his/her attorney Harry Clark. Sholomi Vince is the defendant. Co-defendant states as follows:

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On February 7, 2018, co-defendant Sholomi Vince met defendant, Harris Shasha Lenea, at Lviqis nightclub located at 2377 Collins Ave where they drank at a bar.

Defendant proposed straight sex while they were drinking at the bar at the cost of 1,000 dollars to a co-defendant. The co-defendant agreed, and both walked to co-defendant's hotel known as the Setai located at the Collins Ave.

On arrival at the hotel, the defendant gave co-defendant 1,000 dollars in cash. Seconds later, the defendant attempted to kiss co-defendant. However, the co-defendant bit defendant's tongue without letting go.

The defendant punched co-defendant severally until she let his tongue go.

On arrival at the co-defendant room, the defendant breached a contract he had entered with her. Initially, defendant had proposed straight sex to the co-defendant who agreed for 1,000 dollars. However, the defendant attempted to kiss co-defendant, an act or service outside the contract and to which was not requested for. As such, the defendant intentionally kissed the co-defendant against her will, which amounts to a battery. In Razor v. Kinsey (1894), a battery was defined as "the willful touching of the person of another by the aggressor or by some substance put in motion by him." Defendant willfully touched the lips of the co-defendant via a motion of kissing. This motion was against the co-defendant will and she attempted to stop it, but accidentally bit his tongue out of self-defense. Self-defense in Illinois is outlined in 720 ILCS 5/7-1 which states that an individual is justified in the use of non-deadly force in self-defense where that person believes that such conduct is necessary to defend himself or herself against the imminent use of unlawful force by the aggressor. In this case, the act of co-defendant in biting the tongue of the defendant is within the confines of the self-defense law advanced by the co-defendant to terminate battery advanced by the defendant in the form of kissing.

As a direct and proximate cause of battery and by extension the punching of the co-defendant by the defendant, co-defendant sustained injuries. The defendant caused great bodily harm as well as permanent disfigurement to the co-defendant as a result of the use of excessive force as a reaction to the self-defense action. The co-defendant has suffered a huge blow to her body figure and she cannot undertake the income earning activities she used to do before. She cannot attract potential clients as she used to before. Moreover, she has spent a lot of money for her treatment. She has also lost income while she was undergoing treatment. All these have been a result of the defendant's knowing and willful action of aggravated battery. Consequently, co-defendant has lost to a tune of $20,000 in lost income, and an additional $10,000 in medication. This honorable court is entitled to serve justice for those whose rights, and freedoms have been infringed by others or offenders. As such, the co-defendant pleads with the court to issue a judgment against the defendant and compel him to compensate the victim for the lost income and medical expenses as well as factoring in the potential future losses resulting from disfigurement of the body.

Works Cited

Razor v. Kinsey, 55 Ill. App. 605, 614 Ill. App. Ct. 1894