Could your child have been physically assaulted? You have 6 months to file a complaint.
We are shocked at how often we see that young gymnasts have been subject to criminal assault and/or battery by their coaches.
Unfortunately, there’s a 6-month window for reporting such incidents to the police. This is particularly problematic in gymnastics as children can be frightened to say what happened or worse, this level of violence is so ‘normal’ in the gym that it takes time for parents to fully realise what is happening.
When does physical contact become assault or battery?
Physical contact is normal and necessary in gymnastics to guide, spot and to even prevent injury but most children and parents know when something outside of ‘acceptable’ has happened. In everyday language, people often use “assault” to mean any physical attack, but legally there is a distinction.
Battery involves the intentional or reckless application of unlawful physical force to another person. It does not have to cause an injury.
Depending on the circumstances, this could include:
• pushing a child;
• grabbing or pulling their arm;
• pulling them away from someone;
• dragging them;
• holding or restraining them;
• deliberately making physical contact to punish, intimidate or control them.
The important question is whether the physical contact was lawful and reasonable in the circumstances. Physical contact used genuinely to protect a child from immediate danger may be justified. Physical force used as punishment, intimidation or simply because an adult wants to control a child may not be.
Assault can also occur where someone deliberately or recklessly causes another person to fear that unlawful force is about to be used. It does not necessarily require physical contact.
But, as mentioned above, common assault and battery proceedings generally have to be started within six months of the incident. This means that if more than six months have passed, it may no longer be possible to prosecute an incident as ordinary common assault/battery.
However, six months is not a general “time limit” for all physical abuse or restraint of a child. Other offences can potentially arise from the same incident. The precise circumstances matter, and it may still be appropriate to report an incident to the police or the relevant safeguarding organisation.