This guy tried to attack me, I fought back, broke his nose...?

Question

turns out he was a kid, 14 years old ( he looks much older) now the police have warned me I may be prosecuted for assault, if he had been succesfull i believe he would have raped me, can they really do this to me?

I am 24, it was completely random as I walked home, he grabbed me from behind, was groping at me and trying to pull off my trousers, it was definatley sexually driven. I punched him hard and broke his nose (and my fingers) he only got caught because i recognised him from the local shops where he works. Because I am uninjured by him it looks like I am the attacker! why the hell would I puch a 14 year old kid for nothing though? I just don't get how they are trying to pin this on me.

half baked- you don't have to be attractive to be a victim of rape, I may not be much to look at but I am in a happy marriage, with two small babies and wouldn't jepordise that because I want to get attention.

also i didnt intend to break his nose, I just hit him out of fear and it ended up broken.

Answer 1

sorry to hear that you have gone through all that, it must have been really scary for you, i would go see a good lawyer as you have a strong case, I'm sure he will not want his name right across the local paper saying attempted rape, he should be locked up, just in case he does it to someone else, he is 14 now, what will he be like when he is 24 years old, scary thought, keep strong and keep fighting, you have done nothing wrong,keep safe all the best, i hope it all works out for you take care

Answer 2

Assuming that you reported the incident in the first place, then you were only defending yourself against attack which you are perfectly entitled to do.

The law states that you can use only such force as is reasonable in the circumstances. The Toerag who attacked also has rights (For some reason!!) and therefore has probably been advised by a solicitor that he should make a counter allegation.

Were there any witnesses you the assault or will it be his word against yours? The police have to warn you of the possible outcomes, but don't let the little S.H.I.T beat you stick to your guns, scum like him have no place on our streets.

Well done you for sticking up for yourself!

Incidentally sexual assault has got nothing to do with a persons looks it is all about power and control. He must have thought you were a likely target, now he knows different. Your bravery in fighting back might make the scumbag think twice in future.

Answer 3

If you are attacked or threatened then you have the right to self defence. The law says that the defence must be "reasonable" and this is a question of fact in each case.

From the information given the amount of force you used seems proportionate to the threat as you perceived it. Note my use of the words "as you perceived it" because in a criminal court it is subjective - i.e. the facts as seen by the defendant and not a third party. The exception to this is criminal damage (Criminal Damage Act 1972).

The warning from the police hardly comes as any surprise. However, you must remember "may be" is very different to shall be". The obtain a successful prosecution the matter is referred to the Crown Prosecution Service who consider all the evidence but they would only do so if fully convinced they would be able to secure a conviction. If you keep you mouth shut and don't put your foot in it when questioned they would have very little to go on apart from your attacker's evidence at court (unless other footage such as CCTV or eye witness evidence exists).

Answer 4

Sound typical British legal system, where the attacker has more rights than the victim, I doubt very much that the police will proceed with the case, but have you thought of counter suing him ? Don't know all the details, so if difficult to say for sure how you stand, were there any witness's if so you have a Strong case to get this prev off the streets for a while, before he succeeds with an attack

Answer 5

A lot of times the police say the worst case scenario in a "fight".
Since he got hurt and you didn't, it makes you look bad.
And since he's considered a child at 14 and you're an adult, that makes you look bad.
But I believe that the real truth will help you if it comes down to going to court. Meaning that he attacked you first and provoked you.
Plus, you were only acting in self-defense. That is a legitimate reason beyond a reasonable doubt for the way you acted.
No judge or jury would prosecute or convict you with your evidence.
See if you can find some eyewitnesses to this attack on you. They can really help you with your case.
Lots of luck and stay out of trouble.

Answer 6

Based on the info you provided, No district attorney would file charges against you for self defense from physical aggression of another, especially if you proceived the threat as a potential sexual assault.

They would face harsh scrunity from watchdog group and victim's rights groups under the circumstances based on what you explained. However, there are plenty of other factors that could come into place with the investigation that could lean towards your concern. This forum is a sterile environment and not all investigated facts are available to express a definate yes/no.

Answer 7

poepoesdawg makes a good point. The authorities don't know you or the 14 yr old. (I am assuming he does not have a record.) They did not see what happened. What the physical evidence says is that you broke his nose and are 10 years older than he is. That does not prove you did anything wrong, but it is understandable that a third party may believe his side of the story. Also, the police stating that you MAY be prosecuted is not the same as actually charging you. They may be advising you of the worst case possibility, much the same as we are.

Answer 8

There is no doubt in my mind you had every right to defend yourself and the little perv got what he had coming BUT....

As a few people have said the police don't have any clue what is going on and they must try to talk to two people they don't know and try to find the truth in what happend. Which is very difficult and I'm sure the boys mother is pressuring the police department to arrest you because you hit her baby (her point of view).

Don't get overly worried about it because if you get charged then you will be able to claim self defense and no judge or juror in the right mind would convict you once you told them you felt like he was attempting to sexually assault you.

In my state their is no official self defense law. If you have to defend yourself and the police get called you are more than likely going to get charged and have to claim self defense later in court as a defense.

It's a bad system-no doubt.

Make sure you let the police know he was trying to sexually assault you.

Answer 9

Sounds like you have a good defence. Did you report the attempted assault to the police? If you did that, he would probably not press the charges.

Just looking at some of the later answers, remember that a prosecution might not result in a conviction. Justice would NOT be served if he wasn't allowed to consider prosecution.

Answer 10

Everything is not black and white.

I really don't think a lot of you understand how often people lie to the police. It would be nice if everyone told the truth but you should all know by now that this is not the case.
Just in case you are wondering I do not think the everyone is a liar.

Officer gets to a scene and has to try and find the truth about a situation he was not present for while talking to two people he does not know.
It is not as easy as they make it look on TV guys.