School assault - legal relief?

Hi,

I would like to know if its possible to have a teacher prosecuted for assault even if it has happened many many years previously?

It happened in 1990, in primary school and was quite severe....there was no reason for only that he disliked me. I never caused any trouble or anything like that.

The only thing wrong I did was I was too quiet...I feel I was tricked at the time into not doing anything.

It was quite a vicious assault and has left a psychological scar on me...I've had to get counselling and have been told I'm traumatised from it....

I know some people will say these things happen but why should someone get away with something criminal...the intent was not to bring a disruptive student into line but to cause lasting damage.....

I remember he assaulted other 12 yr olds in the class and later found out they needed counselling too...his attacks were quite shocking.

tbh

not, I suppose, that it makes any difference, but is he still teaching do you know? It's probably something you need to do to get closeure, I'd drop into the local Garda station, and see what they have to say, or contact citizen's advice.

Tak3n

Of course you can do something about it... you should be talking to the police not the people on boards...

the priests who abused children as much as 20+ years back and getting found out and stuff done about it now so i doubt its too late.

dermot_sheehan

If he committed simple assault on you, the Petty Sessions (Ireland) Act 1845 requires proceedings to be instituted within six months.

If it was assault causing harm (or under the old law before 1997 assault occasioning actual bodily harm), since the offence is serious enough to be tried by a jury (it carries more then a year in prison) there is no strict time limit. Assault causing actual bodily harm is assault causing injury but not grevious injury, examples would be cuts or bruises. The problem is the passage of time could make it unfair for a prosecution to go forward. In DPP v. P the supreme court held that inordinate delay (in that case for a sex offence) could prevent the accused from having a fair trial since witnesses recolections diminsh and physical evidence disappears, in that case the time lag was 20 years.

Another reason why a prosecution would most probably not succeed is that before 1997 teachers had the defence of "reasonable chastisement". That is although the department of education instructed teachers not to use corporal punishment since about the early 80's I believe (not certain on date), the law permitted it until the non-fatal offences against the person act 1997 which abollished it in section 24 http://www.irishstatutebook.ie/ZZA26Y1997S24.html

kdouglas

completely off-topic but just have to say fair play to gabhain for what appears to be some very sound and backed up legal advice, as opposed to the usual people guessing at what is law and what is not etc...

Edit: that's not a stab at boards users or PI, but just generally (in life) when someone asks a question like the OP, ppl give their opinion on what should be law and not what actually is

the_syco

If he got away with it then, well, is he still a teacher? If so, talk to a lawyer about getting him at least out of teaching, permantly. It may not ease your pain, but at least you'll know he's no longer causing suffering.

Victor

Put your thoughts down on paper and make an appointment with a solicitor and see what they recommend. Whether you press charges or not, this might give you some closure.

Santa Claus

Did you or your parents complain about the incident to the school at the time ?
Did you have to get medical treatment at the time ?

If neither of the above happened then I would imagine there's no record of the incident ever happening (unless you can get statements from school mates to backup your accusations).