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Wrongful confinement is when someone is coerced against their will, risking harm or injury. It’s illegal if done without legal authority, intentional, and likely to cause injury. Victims can be moved to a new location, including children and those with disabilities, without legal consent. Penalties vary by country.
Wrongful confinement is the coercion of a person by another against the will of the victim in such a way as to risk personal injury or harm to that person. This type of crime can be committed when a person is moved by another person to a new place of not his choice and held there against his will. Any form of coercion by someone not authorized by law to do so may be considered unlawful, especially if the act of restraining the other person is likely to cause injury or death. The penalties for this type of crime vary according to the laws of the country where the act was committed.
Detaining someone means that one person prevents another from moving from one place to another. This can be achieved by physically tying that person down, through the use of scare tactics or the threat of violence, or by locking them away in a place from which they cannot escape. This is considered illegal if the individual holding the other has no legal authority over that person. A police officer, for example, is authorized by law to restrict the movement of criminals. He can put a criminal in handcuffs and transport him to a prison cell where the criminal cannot get out without being guilty of unlawful confinement.
Before someone can be convicted of wrongful detention, several criteria relating to how the coercion occurred must be met. The coercion committed must be intentional and not accidental or consequent to another event. The person executing the restraint should understand at the time that he had no legal right to detain the other person. The act of restricting the victim’s movements has exposed that person to permanent injury, disfigurement, or death.
An individual may also be considered a victim of unlawful detention if he or she has been moved to a different location and held there against his or her will. For example, if a person holds another at gun or knife point and forces that person to accompany them to a new location without the victim’s desired consent, he has broken the law. The victim is, in this type of situation, under duress and fears for his personal safety from the aggressor. His movements were restricted against his will, during transport and upon arrival, and by someone who does not have the legal prerogative to commit such an act.
Children and adults with mental disabilities who agree to go with their captors and are unable to leave are victims of unlawful confinement. The person attempting to move the child or handicapped person must first obtain permission from the parent or legal guardian to avoid violating the law. One who is placed in this type of situation is not considered legally capable of determining what is best for her personal well-being. If the parent or guardian has not given consent, they can file a complaint against the person attempting to take the handicapped child or adult, even if the displaced person may have consented to the request.
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