Past child abuse allegation

Lostman1990

Hi all,

I am not sure whether I am writing this in the right area so I apoligise beforehand. Some legal advice may be helpful too also.

When i was 11 years old, I was physically abused by a primary school teacher in my school. This assault was not just a mere slap.He actually brought me out to a quiet area of the school and lifted me off the ground, up against a wall and started choking me. I couldn't breath during this. He left me down again ans did the same thing a couple of minutes later. It was an extremely traumatic experience. The same teacher, on numerous occasions, abused me from a psychological aspect in the aftermath of this. Recently, I have began to relive this situation as I am going through a situation which has brought these memories back up.

I just don't know how best to deal with this now. I have started counselling over some other issues and this traumatic issue again came up. While the counselor has not suggested anything yet, she is still going through the possible effects of this. Where can someone start out making a complaint of this nature? I am not looking for revenge. I am looking for closure. Any advice would be very helpful.

P.S This case is a lot more complex than I have simply stated in certain aspects. However, what I am looking for is how to go about dealing with this. I also would like to state that compensation or any remedy like that is not what I am aiming for.

NormalBob Ubiquitypants

If you want to make a complaint about this you should go to the Gardai. Maybe speak to a solicitor before handand explain more in depth what happened.

Little CuChulainn

A simple assault is a summary offense so it is likely the statute of limitations has passed with regard to a prosecution. However, depending on the year this happened, there are other offences that may have been committed. In any case, even if a prosecution is not possible in your own case, notifying the Gardaí of his actions would be important in case he is still doing it.

Pro Hoc Vice

Little CuChulainn wrote: »

A simple assault is a summary offense so it is likely the statute of limitations has passed with regard to a prosecution. However, depending on the year this happened, there are other offences that may have been committed. In any case, even if a prosecution is not possible in your own case, notifying the Gardaí of his actions would be important in case he is still doing it.

Depending on the year this does sound like a section 3 assault under the 1997 act which can be an indictable offence, so the Petty Sessions Ireland Act does not apply. This case could even be argued that it is section 4. I am assuming based on the OP's name that he was born in 1990 so was 11 in 2001 so I guess that the 1997 Act is the relevant legislation.

In any event OP a civil case may be possible but the Statute of Limitations may apply depending on your age and your date of knowledge of the injury to you.

Little CuChulainn

Pro Hoc Vice wrote: »

Depending on the year this does sound like a section 3 assault under the 1997 act which can be an indictable offence, so the Petty Sessions Ireland Act does not apply. This case could even be argued that it is section 4. I am assuming based on the OP's name that he was born in 1990 so was 11 in 2001 so I guess that the 1997 Act is the relevant legislation.

In any event OP a civil case may be possible but the Statute of Limitations may apply depending on your age and your date of knowledge of the injury to you.

For section 3 or section 4 you would have to prove some kind of harm. Based on the ops description and the time lapsed I do not see how this could be done.

Pro Hoc Vice

Little CuChulainn wrote: »

For section 3 or section 4 you would have to prove some kind of harm. Based on the ops description and the time lapsed I do not see how this could be done.

"“harm” means harm to body or mind and includes pain and unconsciousness;"

Little CuChulainn

Pro Hoc Vice wrote: »

"“harm” means harm to body or mind and includes pain and unconsciousness;"

Have you ever heard of a charge of assault using psychiatric evidence of harm?

Pro Hoc Vice

Little CuChulainn wrote: »

Have you ever heard of a charge of assault using psychiatric evidence of harm?

Nope but that does not mean it cant happen or would not run with a jury, not saying its a runner just that its a possibility. The Act does envisage it.

Little CuChulainn

Pro Hoc Vice wrote: »

Nope but that does not mean it cant happen or would not run with a jury, not saying its a runner just that its a possibility. The Act does envisage it.

i would have interpreted that part to refer to some kind of brain damage.

Pro Hoc Vice

Little CuChulainn wrote: »

i would have interpreted that part to refer to some kind of brain damage.

I would interpret to include any issue of the Mind, in fact in my opinion brain injury would more than likely come under injury to the bocy in that it can be shown by way of scan etc., while injury of the mind in my opinion is issues of mental health.

It would be perverse that a person who has a broken finger would be assaulted under section 3 or 4 and a person who suffered serious physiological damage would only be covered under section 2.

Lostman1990

Thanks for the advice everyone. I suppose it is a difficult one to deal with. I do know he is still teaching in the same school at this point in time. It is something that just hit me again during the last while. It is amazing the way people can kinda block out traumatic experiences from the past. Then all of a sudden, they arise again and hit you like a train.
I was even just thinking of emailing the principal of the school and having a meeting with him concerning it. For me, it is more just taking something back from it and closing it off in my life.
Thanks for all the advice again....:)

Beano

Lostman1990 wrote: »

Thanks for the advice everyone. I suppose it is a difficult one to deal with. I do know he is still teaching in the same school at this point in time. It is something that just hit me again during the last while. It is amazing the way people can kinda block out traumatic experiences from the past. Then all of a sudden, they arise again and hit you like a train.
I was even just thinking of emailing the principal of the school and having a meeting with him concerning it. For me, it is more just taking something back from it and closing it off in my life.
Thanks for all the advice again....:)

unless you make a formal complaint i dont think there is anything the principal can do.