The Basic Legal Rule

Battery is intentional, harmful, or offensive physical contact without consent. It is a tort—a civil wrong for which the person who was touched may seek a legal remedy.

The person committing the battery does not have to intend to cause pain or physical injury. It is generally enough that the person intended to make the contact.

Physical injury is not required. A person does not have to suffer bruising, pain, medical expenses, or lost wages before the law recognizes the wrong. Battery protects the right to control access to the body.

Hair attached to the head is part of the person. Deliberately reaching out and handling someone’s hair is bodily contact.

A recent incident involving a Black ride-share driver demonstrates the problem. A white passenger asked about the driver’s curls and braids. He then reached forward and touched her hair while she was driving.

After she objected, he withdrew his hand, apologized, and said that he had been admiring her beauty.

His explanation may describe his motive. It does not change the legal analysis. Admiration is not consent. Curiosity is not consent. A compliment does not create permission to touch another person.

An apology after the fact also cannot create consent retroactively. It may show that the person recognized a boundary had been crossed, but it does not erase the original violation.