Punched in face by stranger in broad daylight - what are my rights

Lost1985

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

Fann Linn

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

You were assaulted. The gardai say they can't do anything.

Go to GSOC.

BuzzMcdonnell

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

I’d say the Gardaí are fobbing you off because they know prosecuting the individual that hit you is a waste of time, and he most likely already has plenty previous convictions.

Lost1985

Fann Linn wrote: »

You were assaulted. The gardai say they can't do anything.

Go to GSOC.

Thank you, I will call them in the morning when their office is open.

Lost1985

aaakev wrote: »

Punch the prick back

I am female and 5 foot nothing. He was significantly bigger than me. Thanks anyway.

hullaballoo

Moderator: A reminder that this is the Legal Discussion forum and there is a requirement that the legal issues in hand are discussed rather than throw-away remarks that might be better suited to the pub.

Rubberchikken

the gardai dont want to waste their time prosecuting a street person. they know it'll go nowhere and so will accept this type of behaviour from these types of people.

it must have been an awful thing to experience.

Fann Linn

Rubberchikken wrote: »

the gardai dont want to waste their time prosecuting a street person. they know it'll go nowhere and so will accept this type of behaviour from these types of people.

it must have been an awful thing to experience.

A crime has been committed. Regardless of resources or perceived outcomes, it should be investigated.

Larbre34

BuzzMcdonnell wrote: »

I’d say the Gardaí are fobbing you off because they know prosecuting the individual that hit you is a waste of time, and he most likely already has plenty previous convictions.

Irrelevant, they must go through the process of prosecuting him no matter what the anticipated outcome.

There's a broken window syndrome of casual common assaults being shrugged at and thus more and more serious random attacks are tacitly tolerated. I heard the story yesterday of organised groups of young scumbags targetting deliveroo drivers and the likes in Dublin. Ordinary citizens should not stand for this sort of stuff.

I for one will not tolerate a woman getting punched in the face in my City and it being shrugged off. To the OP, I hope you weren't too badly hurt and that it wont effect you in the long run and I hope also you won't drop the issue out of fear or frustration.

elperello

A Section 2 assault can carry a jail sentence so should be taken seriously by AGS.

crusier

There is no power of arrest for a section 2 assault but the Garda should have taken a statement of complaint, identified the culprit and taken details from them. It's the gardai job to get it to court if there is an offence and a complaint. If the courts fail then it's on them.

harr

I am very sceptical that the guards would ignore such a serious assault in broad daylight especially when OP claims they know who committed the assault.

Rows Grower

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

I'm genuinely disgusted to hear what happened to you and really hope you pursue this matter until the person is charged with assault. It must have been a terrifying experience and no doubt you were chosen as a victim because of your size.

Did any witness's come to your assistance and if so did they give you any contact details?

Don't let it knock your confidence whatever you do.

elperello

"Usually an assault is reported by the victim or someone on behalf of them. Call your local Garda station or in the event of an emergency dial 999/112. Gardaí will then meet the victim and take a statement as soon as possible."

Above is from Garda.ie website.

https://www.garda.ie/en/Crime/Assaults/How-should-I-report-an-assault-to-Gardai-.html

FishOnABike

If an official statement was not made I'd suggest going back to the station and making a formal written and signed statement. If there's no official record of a complaint nothing will get done. If there's some paperwork at least it will have to go up the chain of command and a decision made on whether to prosecute.

kravmaga

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

Make a complaint about the Garda in question, station attached, collar number, Pulse Incident number . Here is the link for the Online GSOC complaint form.

https://www.gardaombudsman.ie/make-a-complaint/submit-a-complaint/

SCOOP 64

so if the op took the punch was knock out hit her head against kerb causing death, section 2 assault?
maybe wait till then to prosecute.
(edited didn't realise the op was a women seems even worst now.)

Mike9832

harr wrote: »

I am very sceptical that the guards would ignore such a serious assault in broad daylight especially when OP claims they know who committed the assault.

You don't have much experience with them then

Why anyone growing up would want to be a guard I dont know

Collection agency is all they are

Fann Linn

kravmaga wrote: »

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

She said earlier she's 5ft. I suppose that might have something to do with it.

Lost1985

Thank you all for your advice and comments below. I don't want to say anything further at this stage as I do want to make a compliant. But will post an update on this thread. I will recover thanks, just face feeling very soar and swollen. I am shocked by the guards handling of the situation, perhaps it my fault for not being more insistent. I did offer to accompany the guards to where the man was, but they didn't want to put me through any more stress. Also I seen the man who punched me right after I left the garda building as he was on a side street off the street where garda building is. I also live very near the location. There was a witness, and the gardai took their details and I unfortunately didn't take them and dont think I thanked him properly for all his help. He was very kind. They also came to the garda building and gave the location of the man and said he was still there. They did not taken any further details from the witness other than his name and number.

Thank you all.

goat2

Make sure you take pictures of face,

kravmaga

Fann Linn wrote: »

She said earlier she's 5ft. I suppose that might have something to do with it.

Op did not state she was a female in her opening post, thanks for clarifying though

aaakev

Lost1985 wrote: »

aaakev wrote: »

Punch the prick back

I am female and 5 foot nothing. He was significantly bigger than me. Thanks anyway.

Sorry I assumed you were a man, bad form on the gards part not doing anything about it.

jam_mac_jam

Why should you have to punch him back or react with violence.

You have laws in the country for a reason. Is it too much to expect that if you are punched in the face that legal action Is taken?

CIARAN_BOYLE

I will always remember being hit by a car (luckily with no major injuries bruises only)

I was 30 meters from a garda station and there was security cameras around

the garda response

there was no evidence you were hit by a car.

Spanish Eyes

Should be the same for man or woman, but I accept that sometimes a woman can come off badly with assaults.

Sorry to hear this OP, and hope you are OK. Please pursue it if you feel up to it.

I have no other advice, as I am not a lawyer etc.

SimonTemplar

I was randomly punched in the chest a few years back when walking on O'Connell in broad daylight. Didn't report it but probably would have done had I been hit in the face.

Very sorry to hear of your experience OP. A friend of mine, who is also a 5 foot nothing female, was randomly kicked in the leg on O'Connell St about two years ago. Horrible that such things happen.

Samuel T. Cogley

kravmaga wrote: »

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

Make a complaint about the Garda in question, station attached, collar number, Pulse Incident number . Here is the link for the Online GSOC complaint form.

https://www.gardaombudsman.ie/make-a-complaint/submit-a-complaint/

Interesting. My line of thought would be S(2) is not an arrestable offence so under what theory would you detain someone?

In addition if the assault is over, is it self defense punching him back?

Genuine questions open to the floor, as it were, I'm only quoting the post for clarity.

Mantis Toboggan

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

Samuel T. Cogley

Mantis Toboggan wrote: »

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

There's absolutely no reason why one word against another can't result in a successful prosecution. There is probably myriad CCTV available anyway. This sort of thing can have a serious effect on people and should be taken seriously by the guards, if for no other reason that the guy is probably mentally ill and who knows if it's going to be more serious or not next time.

doolox

I recall a punch-up in my home town years ago when a man with an unusually thin skull was knocked to the ground in retaliation for an attack on another man.

The attacked man was tried for manslaughter when the initial attacker died from injuries received when his head struck the footpath. Medical examination post mortem revealed the thin skull and his vulnerability to suffer serious injury or death where ordinary people would have survived.

The man who retaliated was deemed to have overreacted to the initial assault and received a custodial sentence for his overreaction.

I have seen many bad tempered men, and some women, get into trouble over fights and overreaction to assaults.

The victim in this case did exactly the right thing at the right time by not retaliating and this course of action leaves her in a stronger position if she should chose to press matters further. The inaction of the police in this matter is appalling but not surprising.

I am coming of an age when I no longer venture into the city centre on my own at any time because it is getting harder to hide my advancing years and my increasing vulnerability from these thugs.

drunkmonkey

Mantis Toboggan wrote: »

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

Theres no cameras on a busy Dublin street? They couldn't be bothered doing their job is all that's wrong.

KaneToad

aaakev wrote: »

Sorry I assumed you were a man, bad form on the gards part not doing anything about it.

Shouldn't matter what gender the OP is!

Galadriel

KaneToad wrote: »

Shouldn't matter what gender the OP is!

Well what they meant was if the OP was a man then they should retaliate but now that they know the OP is a women.....

pwurple

aaakev wrote: »

Sorry I assumed you were a man, bad form on the gards part not doing anything about it.

Men don’t deserve, or expect to be randomly assaulted on a Saturday morning in town either. No difference in the law here for men or women.

Why is it bad form if the victim is female, but aok if male?

pwurple

Galadriel wrote: »

Well what they meant was if the OP was a man then they should retaliate but now that they know the OP is a women.....

Neither gender should retaliate!

JeffKenna

Mantis Toboggan wrote: »

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

What are they too busy doing? Making up imaginary breath tests is it?

Mod
Pls, no smart remarks. Pls do not post again on this thread

Galadriel

pwurple wrote: »

Neither gender should retaliate!

I didn't say they should, I was explaining what aaakev meant.

Galadriel

pwurple wrote: »

Why is it bad form if the victim is female, but aok if male?

I think you are picking everyone up wrong, nobody said it was ok if it was a male?

_Brian

Unprovoked attack by a homeless person who likely has phscyologic issues.

What are the ramifications?? He can’t be fined as he’s obviously skint, not likely to do community service, would a court send him to jail ? I couldn’t see it, judge would likely give a caution or similar.

Can see why guards would have little interest in following it. More about the practicality of the situation than the actual legal position. I’m not saying that’s right but I can see how it happened.

doolox

There exists a sociological lag in the acceptance of currently fashionable equality of the genders whereby people expect a higher level of civilised behaviour and protection towards women than towards men.

Men are expected to be "manly" and sort out their problems on their own with their fists. This is seen as being an essential "part of being a man".
In historical terms this custom and social obligation is known as the honour system and is a big reason why many members of the travelling community fight among themselves. They see it as dishonourable NOT to fight or stand up for themselves in a conflict situation.

People who show self restraint and abiding fully by the law by not retaliating to attacks are somewhat seen as weak and effeminate by some members of our society.

The real truth is that restraint and the ability to contain ones composure and temper in a stressful conflict situation actually shows real manhood and social competence and should be encouraged and awarded in our society. Often it is not. All people should be entitled to equal protection from assault or attack in our cities and public spaces. Many younger men do not receive that protection as readily as women receive it.

aaakev

pwurple wrote: »

aaakev wrote: »

Sorry I assumed you were a man, bad form on the gards part not doing anything about it.

Men don’t deserve, or expect to be randomly assaulted on a Saturday morning in town either. No difference in the law here for men or women.

Why is it bad form if the victim is female, but aok if male?

I never said anyone deserved to be punched and never said it was ok if the victim was male. Im aware thereis no difference in the law for men and women......

Whats a 5 ft woman like the op to do if assaulted by a man? Most could do nothing but most men i know would be able to defend themselves against a homeless junkie in Dublin.

personally, if i was punched in the head by that guy he would have got one back

Calltocall

Op I’m sorry to hear of what happened to you, that’s a an awful shock to get, there are some absolute scumbags that roam the city centre and you rarely see visible garda presence, the likes of wood quay etc has been surrendered to the drug dealers. I had an incident a few years ago where I was hit in the face by a can of beer on the quays I was walking minding my own business it was random llike you, some nut thought I was looking at him and threw a full can of beer at my head, I lashed out in anger and decked him, big mistake, I was pounced on by two other guys out of nowhere one pulled a knife, I just managed to get away, scary incident and reacting is not always the best approach, I hope you get somewhere with your complaint, coward should get jail for that but sentencing here is far too weak

4068ac1elhodqr

/Mod deletion/ (well not them excatly, but someone in a similar field with a better name & logo).

Know a fella got jumped about 20yrs ago lost a tooth or two and got over 5k, which was alot back then.
The State has a responsibility of sorts, to ensure public streets are safe-ish for walking about on.

Mod
No advertising please

An Claidheamh

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

We have a bunch of cowards as our police force.
This is a deliberate tactic. They're like an insurance company refusing to pay.

Please report this to GSOC or see if you can get a no win no fee case against the Garda.

Ask yourself, if a politician was punched would they investigate?

Yet the Gardaí are the first to claim we should call them if a crime is committed and they're everywhere to be seen once there is a tv camera or music festival.

I've accepted that they do not want to touch criminals and are not on the side of the victims.

Record everything, get the name of the Garda you dealt with, ask questions, no deference.

Let us know how you get on.

Mod
Anti AGS rant. Pls do not repeat on this forum

hullaballoo

Moderator: Thread is heading away from legal discussion.

Can we bring it back to something in line with the forum charter please?

Mad_maxx

doolox wrote: »

There exists a sociological lag in the acceptance of currently fashionable equality of the genders whereby people expect a higher level of civilised behaviour and protection towards women than towards men.

Men are expected to be "manly" and sort out their problems on their own with their fists. This is seen as being an essential "part of being a man".
In historical terms this custom and social obligation is known as the honour system and is a big reason why many members of the travelling community fight among themselves. They see it as dishonourable NOT to fight or stand up for themselves in a conflict situation.

People who show self restraint and abiding fully by the law by not retaliating to attacks are somewhat seen as weak and effeminate by some members of our society.

The real truth is that restraint and the ability to contain ones composure and temper in a stressful conflict situation actually shows real manhood and social competence and should be encouraged and awarded in our society. Often it is not. All people should be entitled to equal protection from assault or attack in our cities and public spaces. Many younger men do not receive that protection as readily as women receive it.

To opt for the second position requires full faith in the state not something you can do in this country

italodisco

Am I right in assuming not 1 so called man came to your assistance?

Mod
Unhelpful remark

italodisco

italodisco wrote: »

Am I right in assuming not 1 so called man came to your assistance?

hahahahahaha

Pissartist

Lost1985 wrote: »

I am female and 5 foot nothing. He was significantly bigger than me. Thanks anyway.

Jesus that's awful, i'd deffo ring gsoc and make a complaint,
Otherwise that zombie is free to go out and hit someone else.

WoollyRedHat

italodisco wrote: »

Am I right in assuming not 1 so called man came to your assistance?

Actually if you bothered to read the thread you would see that's not the case.