Legal Definitions - hamfare

Hamfare is an archaic legal term, primarily found in historical Scots law and some older English legal contexts, referring to the crime of assaulting a person within their own dwelling. It is synonymous with "hamesucken." The core of "hamfare" lies in the violation of the sanctity and security of one's home, making the assault an aggravated offense due to the location where it occurs. It signifies an attack on an individual in their private residence, where they are presumed to be safest.

• Example 1: The Home Invasion

  Scenario: A person returns home late at night to find an intruder inside. Startled, the intruder physically attacks the homeowner in their living room before fleeing the premises.

  Explanation: This scenario illustrates "hamfare" because the homeowner was subjected to a physical assault within the confines of their own private residence. The act of violence occurring in a place where the victim should feel most secure elevates the offense, embodying the historical concept of "hamfare" as an attack on an individual within their dwelling.

• Example 2: The Neighborly Dispute

  Scenario: Two neighbors have an ongoing dispute about a shared fence line. One evening, Neighbor A, in a fit of rage, forces their way into Neighbor B's house through an unlocked door and physically assaults Neighbor B in their kitchen.

  Explanation: This clearly demonstrates "hamfare" because Neighbor B was attacked and assaulted within the confines of their own home by an unwelcome intruder. The violation of Neighbor B's personal dwelling, coupled with the physical assault, aligns directly with the historical understanding of "hamfare" as an aggravated offense due to the location of the crime.

• Example 3: The Estranged Partner

  Scenario: An estranged spouse, who no longer resides at the marital home, forces entry into the house while their former partner is present and physically attacks them in the bedroom.

  Explanation: Even though there might have been a prior connection to the property, the estranged spouse is no longer a resident. The attack on the current resident within their established dwelling constitutes "hamfare." The victim was assaulted in their current home, violating the security and peace expected within one's private residence.