Donate SIGN UP

Have I been assualted?

Avatar Image
andy | 10:21 Sun 11th Apr 2010 | Criminal
13 Answers
I was recently involved in an altercation in a nightclub involving several bouncers and an off duty policeman. I had been asked to leave, and while trying to convince the bouncer that i wasnt drunk, was painfuly seized from behind. I struggled against this as it was very painful and ended up being violently manhandled to the entrance of the club where i was restrained and eventualy arrested on suspiscion of assault.
While my statement, more or less matches that of the off duty policeman, the bouncers statement has me attacking him, punching him about the head and neck but leaving no physical marks other than a scraped knee wher he fell during the scuffle.
My own injuries are much more extensive.
I have scratches to the top of my head. Cuts and abrasions behind both ears. A black eye. Abrasions under my chin.
Bruising accross my colar bone and shoulders. Sevear bruising to my upper arms and elbows and bruising accross most of the left side of my back.
I am certain that the bruising to the my back and my left upper arm were inflicted while pinned on the floor waiting for the police.
There is no bruising or marks on my hands at all.
I visited casualty to check for breaks across my chest, collar and head after i had been released from gaol, and went to my family GP to document my injuries.
I have 2 question i supposed. What is the likelyhood of me being charged, I have no previous at all. and what is the liklyhood of me succesfully counter claiming.
All advice gratefully recieved.
Gravatar

Answers

1 to 13 of 13rss feed

Best Answer

No best answer has yet been selected by andy. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
any cctv footage at this location where this occurred? any evidence might be helpful. Others have been advised to take photos of their injuries for future reference.
How did the altercation start in the first place?
At what point did this off duty policeman get involved?
Question Author
the reason I havnt been charged yet is to allow the police to secure any cctv footage that may be available. This would be extremly favourable to me a load off my mind if it were.

It started exactly as stated. one second I am trying to convince the bouncer of my relative sobriety, the next I am bent over, arms painfuly twisted and being swung about the club.
With hindsight, it was a bouncer forcibly ejecting me. Without hindsight it was a lot of pain that i wanted to move away from.
-- answer removed --
Question Author
I didnt ask at what point the off duty chap became involved, but from his statement and what my colleagues tell me, pretty much straight away.
So then you have an off duty cop that saw you being beaten up? Then if happened exactly as you say and an off duty cop has seen everything then you have nothing to worry about.
Question Author
Thnx Docspoc. Fully appreciate the implication. At what point is force used necasarry and justifiable.
Will the bouncer be able to claim assault from me with no physical marking. I am now covered in bruises on strong painkillers and anti inflamataries, because somebody might enjot their job just a bit too much.
Andy why are you worried abut the bouncer claiming assault if like you said a policeman seen the whole thing and is your witness? How big are you, as when I see a bouncer grab someone from behind to eject them unless the person fights back then it usually only takes that one bouncer. You're saying it took several, was you fighting back?
Question Author
Hi bigfoot. I was unable to fight back in any meaningful sense of the word as my arms were pinned almost immediatly. But yes i did struggle, as i said, without hindsight, i wasnt entirly sure what was happening just a lot of pain.
No im not particularly big, 5'7 and a bout 14 and a half stone of late middle age spread. (im 40, i know i should know better than to go drinking in clubs but it was a younger colleagues birthday)
Question Author
My worry stems from never having had to cope with anything like this before. I dont know what the repercussions are likely to be and I dont know the best course of action.
If charged I am likely to lose my job ( i teach adults IT ) I am the major income provider for my family, and i dont know what to do.
Well as I said with the off duty cops statement contradicting what the bouncers say happened I seriously doubt that would want to go head to head in a courtroom with a policeman and call him a liar. Anyway hope it works out for you, next time a bouncer says "Not tonight you're not coming in" run in the opposite direction!
Good luck!
Andy, firstly, were you legally represented at the police station?.

Also, from your brief description of the events I do not consider you have been unlawfully assaulted by doorstaff (unless there is more to add).

Can you confirm whether the off-duty officer is stating he did or did not see you assault doorstaff and whether he witnessed the incident from the start or part of it?.

Why were you initially directed to leave?

And how would you describe your level of intoxication?

1 to 13 of 13rss feed

Do you know the answer?

Have I been assualted?

Answer Question >>