Section 2.3 Defendant’s Intent

• Library: Tort Law 2016

1. (§2.3) Defendant’s Intent

The first element of an assault is the "defendant’s intent to cause bodily harm or offensive contact, or apprehension of either." Phelps v. Bross, 73 S.W.3d 651, 656 (Mo. App. E.D. 2002). Intent is rarely susceptible of direct proof and may be inferred from the facts and circumstances. Id. For example, in Phelps, when the record indicated that the fully clothed defendant crawled into bed with the plaintiff as the plaintiff lay unconscious and undressed, intent could be inferred...