Legal Question in Criminal Law in Maryland

Unwanted Touching/Baseball Coach

Dear Sir/Madam:

A battery is an unpermitted touching of anotherperson. There are different types of batterys:Aggravated battery involves serious and orpermanent physical injuries. A slap on theback or butt would be viewed as a simple ortechnical battery.

The crime of battery is a "common law" offensein Maryland. Our highest court, the Court ofAppeals has stated that it was not "cruel andunusual punishment" for a person to be sentencedto twenty years for being convicted of battery.

What, if anything, have you done to verify yourson's representation of the facts? Were therewitnesses to this incident?

Of course, times have changed since I playedorganized sports. What was tolerated in thesixties out on the football or baseball fieldwould probably be regarded as child abuse orbattery: grabbing a players jersey and shakinghim, kicking him in the butt or slapping himalong side his helmet.

Once you have become convinced that your son'sstory is truthful; then, you might have severaloptions: contact the Department of Social Servicesin the county where you reside and/or file anApplication for Criminal Charges at the Commissioner'soffice. Another option or in addition to the foregoingwould be to sue the Assistant coach for monetaryas Parent and Next Friend, on behalf of yourson.

I would definitely have this man's backgroundchecked out, perhaps through the use of aprivate investigator: a search of the courtrecords, etc..

Hope this helps.