QLD Youth Worker Caught Cold from Young Person - Assault?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
4 February 2016
1
0
1
A youth worker had a young person throwing and rubbing their nose mucus on them. Then they ended up sick with a cold. Does this constitute as assault, considering it's a bodily fluid?
 
S

Sophea

Guest
Technically it could, however I am unaware of any authorities on the issue. The definition of criminal assault is extremely broad and includes applying any force including simply touching another person, or applying any substance in such a degree so as to cause injury or personal discomfort. There are for example the pin prick attack cases (which may be analogous) where people jab victim with HIV infected syearinge, and I believe its even considered assault in cases where the person is made to believe the syearinge is infected with HIV when in fact it is not. However stabbing with a syearinge is admittedly much more violent than wiping with bodily fluid.