Cruelty in United States

Cruelty Definition

Legal cruelty is such conduct on the part of one spouse as vrill endanger the life, limb, or health of the other, or create a reasonable apprehension of bodily harm. 36 Ga. 817. And may consist of duress or threats tending to injury to health, 39 L. J. P. & M. 28; 21 L. T. 564; or terrifying a wife into immorality, 35 L. J. P. & M. 37; publicly outraging a wife’s feelings by insulting language and assaulting her, even though no personal injury be inflicted, 31 L. J. P. & M. 159; a violently intended, but futile, assault, or spitting on a wife, 1 Hagg. Ecc. Supp. 776; habitual insult and violence of temper, inducing quarrels and producing physical suflfering, 34 L. J. P. & M. 112; knowingly or recklessly imparting a venereal disease, L. R. 1 P. & D. 233; Id. 46; 35 L. J. P. & M. 13; as to cutaneous disease, 1 Sp. Ecc. & Ad. 205 ; unreasonable denial of usual necessaries and comforts so as to affect health, 3 N. C. 340 ; 2 Add. 382 ; cruelty to children in the mother’s presence, in order to wound her feelings, and to such an extent as probably to be injurious to her health, 28 L. J. P. & M. 46; 42 L. J. P. & M. 23; but such acts as drunkenness, 29 L. J. P. & M. 64; debauching household servants, 34 L. J. P. & M. 139 ; debarring a wife from intercourse with her family, 4 Hagg. Ecc. 269; sleeping in a separate bed, 1 Hagg. Ecc. Supp. 776, are not. Cruelty is not excused by drunkenness or delirium, tremens, 28 L. J. P. & M. 13; 1 Sw. & Tr. 312; 7 W. R. 129; or ungovernable passion, 27 L. J. P. & M. 73; 1 Sw. & Tr. 192; but insanity excuses, 33 L. J. P. & M. 65; 3 Sw. & Tr. 349; 1 Sw. & Tr. 591. Extreme and Repeated. Wilful misconduct which endangers the life or health of the other spouse, or exposes her to bodily hazard and intolerable hardship and renders cohabitation unsafe. Many acts are not necessary, but there must be more than one act of violence. 138 111. 445. When charged to the wife, slight acts of violence are insufficient so long as it may be reasonably presumed that the husband will be able to protect himself. 140 111. 829. To Animals. Cruelly beating, illtreating, over-driving, or inflicting unnecessary pain. Incensing cocks to fight, 32 L. J. M. C. 95; cutting cock’s comb for exhibition purposes, 46 L. J. M. C. 211, is such cruelty; and so it may be such cruelty to turn an animal which is already suffering into a field to graze, when it can only do so by giving itself additional pain, 26 W. R. 332; 42 J. P. 248; 38 L. T. 360. But the mere omission to kill a suflfering animal is not such cruelty Id.) ; nor the merely unlawful killing of an animal, or shooting it intending to kill it but leaving it to die in pain, 26 W. R. 721; nor the sending parrots a ten-hours’ railway journey without water, 50 L. J. M. C. 67; 29 W. R. 538; 45 J. P. 522; 44 L. T. 424; nor a painful operation bona fide believed to be proper, e. g., spaying sows, to improve the flesh as human food, 56 L. J. M. C..45.

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Legal Issue for Attorneys

Legal cruelty is such conduct on the part of one spouse as vrill endanger the life, limb, or health of the other, or create a reasonable apprehension of bodily harm. 36 Ga. 817. And may consist of duress or threats tending to injury to health, 39 L. J. P. & M. 28; 21 L. T. 564; or terrifying a wife into immorality, 35 L. J. P. & M. 37; publicly outraging a wife’s feelings by insulting language and assaulting her, even though no personal injury be inflicted, 31 L. J. P. & M. 159; a violently intended, but futile, assault, or spitting on a wife, 1 Hagg. Ecc. Supp. 776; habitual insult and violence of temper, inducing quarrels and producing physical suflfering, 34 L. J. P. & M. 112; knowingly or recklessly imparting a venereal disease, L. R. 1 P. & D. 233; Id. 46; 35 L. J. P. & M. 13; as to cutaneous disease, 1 Sp. Ecc. & Ad. 205 ; unreasonable denial of usual necessaries and comforts so as to affect health, 3 N. C. 340 ; 2 Add. 382 ; cruelty to children in the mother’s presence, in order to wound her feelings, and to such an extent as probably to be injurious to her health, 28 L. J. P. & M. 46; 42 L. J. P. & M. 23; but such acts as drunkenness, 29 L. J. P. & M. 64; debauching household servants, 34 L. J. P. & M. 139 ; debarring a wife from
intercourse with her family, 4 Hagg. Ecc. 269; sleeping in a separate bed, 1 Hagg. Ecc. Supp. 776, are not. Cruelty is not excused by drunkenness or delirium, tremens, 28 L. J. P. & M. 13; 1 Sw. & Tr. 312; 7 W. R. 129; or ungovernable passion, 27 L. J. P. & M. 73; 1 Sw. & Tr. 192; but insanity excuses, 33 L. J. P. & M. 65; 3 Sw. & Tr. 349; 1 Sw. & Tr. 591. Extreme and Repeated. Wilful misconduct which endangers the life or health of the other spouse, or exposes her to bodily hazard and intolerable hardship and renders cohabitation unsafe. Many acts are not necessary, but there must be more than one act of violence. 138 111. 445. When charged to the wife, slight acts of violence are insufficient so long as it may be reasonably presumed that the husband will be able to protect himself. 140 111. 829. To Animals. Cruelly beating, illtreating, over-driving, or inflicting unnecessary pain. Incensing cocks to fight, 32 L. J. M. C. 95; cutting cock’s comb for exhibition purposes, 46 L. J. M. C. 211, is such cruelty; and so it may be such cruelty to turn an animal which is already suffering into a field to graze, when it can only do so by giving itself additional pain, 26 W. R. 332; 42 J. P. 248; 38 L. T. 360. But the mere omission to kill a suflfering animal is not such cruelty Id.) ; nor the merely unlawful killing of an animal, or shooting it intending to kill it but leaving it to die in pain, 26 W. R. 721; nor the sending parrots a ten-hours’ railway journey without water, 50 L. J. M. C. 67; 29 W. R. 538; 45 J. P. 522; 44 L. T. 424; nor a painful operation bona fide believed to be proper, e. g., spaying sows, to improve the flesh as human food, 56 L. J. M. C..45.

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This definition of Cruelty is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

In Marriage, mental cruelty is more difficult to prove because the insults made by husband and wife are often in private and rarely result in sufficient proof. The classic example of successfully proving mental cruelty is evidence of the subjection of the innocent spouse to ridicule, humiliation, and scorn in the presence of friends, relatives, or members of the community.

(Revised by Ann De Vries)

What is Cruelty?

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