Assault, trespass and battery are considered torts of trespass to an individual.Torts are viewed as civil wrongs and are done against a persons will, it does not necessarily mean it is a crime but the civil courts can dealt with it accordingly (Burkhardt & Nathaniel, 2013). A trespass is an action that is not authorised, it consists to any close contact with a …show more content…
For this to happen it is not necessary for physical contact to occur (Griffith & Tengnah, 2012). If the student nurse tells him that he is going to be washed against his will, he will feel threatened in her mind and this will be against his wishes however, the act of assault will occur. In his mind he can perceive it as a threat when the student nurse pulled the curtains to give him privacy.Even though the nurse did this in good intention, she might not be able to defend herself. Gerald lacks legal capacity and competency to consent to be washed. If the student nurse goes ahead to touch him purposely in order to wash with no consent, she can be charged with battery. However due to Gerald lack of capacity to give consent, it will be defensible because it is a necessary procedure that needs to be done to avoid or prevent harm from