Legal Question: What to do? Assulted while shoplifing!

Discussion in 'Et Cetera, Et Cetera' started by scubamatt121, Apr 26, 2009.

  1. scubamatt121

    scubamatt121 New Member

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    So I didn't know who to ask this to, but I have some friends who have said how helpful this board can be.

    So heres the situation:

    I have a friend who recently was confronted by a store employee/owner (most likely owner/security), while he was attempting to shoplift a pair of swimwear that he had stuffed in his shorts.

    The guy grabbed him extremely roughly, and confronted him and my friend promply admitted his crime and returned the item. Then the guy proceeded to punch my friend directly in the face, and then was holding him down, and wouldn't let him leave and was continuing to be very violent as he was bleeding all over the place. Then another employee came over and they both grabbed him and started screaming call the police, and then after a few more moments of terror they just let him go.

    After leaving the store, he was continuing to bleed and then was taken to the ER where he found out he had a broken nose and needed five stitches.

    The question is: What should he do?

    Since yes he was in the wrong, but the store owner also didn't have the right to physically assult my friend, under the principles of citizens arrest he only has the right to hold him until the police arrive.

    The problem is he would like to press charges for the assult, but he can't do this without admitting to attempting to shoplift.

    What should he do?
    1) Not do anything and let the guy get away with assulting people, but also not get in further trouble for shoplifting.
    2) Report the guy for the assult and then deal with the consequences of his attempted shoplifting
    3) Anyone have any other ideas?
     
  2. Bbucko

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    If he even attempts any civil remedy to his "assault", he has cojones of brass bigger than ostrich eggs. That's like trying to sue because your dime bag's a little light.
     
  3. Jovial

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    I would say not try to shoplift or steal anymore.

    If he was assaulted, then the question the police or court will have is why didn't he call the police at the time.

    It seems like the security guard or whoever can just say he resisted and that's why he got punched. Is there any video or it?

    ...and while this forum may be entertaining, you're probably better off posting in a legal forum. I remember seeing one where law students, lawyers and others discuss legal issues.
     
  4. D_Zaphnathpaaneah Jackson

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    I did this last year at law school. Basically, though you would have to double check because it's australian law, but security guards/bouncers etc can only "handle" people so long as it lies within their duty. So, for example, it would be lawful for the security guard to roughly push your friend out of the store, but the rough handling cannot result in bruises, or in your friends case, a punch to the face resulting in a broken nose, bleeding and stitches. That is beyond reasonable force, and is very much illegal. You have several forms of redress here, and you can lay charges after speaking to the police, or sue for damages. however, suing is costly and although you have a strong case, it's a lot of money for not a lot of money to be won. I'm guessing this happened a little while ago, so it will be hard to prove said incident to the police, although if they really cared they would take a hold of the CCTV footage from the shop and your friends medical records. So, yes, your friend does have some legal standing, but personally, I wouldn't bother with it. Just don't shoplift.
     
  5. TurkeyWithaSunburn

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    He should take it as a lesson NOT to shoplift!! :rolleyes:
     
  6. Principessa

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    [ScubaMatt121=QUOTE] What should he do?
    1) Not do anything and let the guy get away with assulting people, but also not get in further trouble for shoplifting.
    2) Report the guy for the assult and then deal with the consequences of his attempted shoplifting
    3) Anyone have any other ideas?
    [/QUOTE]
    At first I thought this was in fictitious stories, cause it's just so ridiculous.

    I believe this is what's known as receiving an education in the 'school of hard knocks.' I hope he learned his lesson. Just in case there is any doubt as to what lesson he should have learned, it was "Thou Shall NOT Steal!" Lest thou get beat up. :biggrin1::cool:


    :rofl: You quack me up. :borladuck:
     
  7. MASSIVEPKGO_CHUCK

    MASSIVEPKGO_CHUCK Well-Known Member

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    It's kind of a catch-22; you can't go pressing charges against the guy because if you did, you'd have toadmit exactly what led up to it. On the other hand tho, your friend admitted his wrong doing and returned the shoplifted item, but was forcibly held down and assaulted just the same. Have him talk to a lawyer, and admit all the facts in this, including the shoplifting, but don't forget to mention he never acted forcibly towards the store employee. I don't where this happened, but where I work we can never lay so much as a finger unprovoked at any time.
     
  8. Deno

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    If you going to shop lift make sure security is less a threat then you are.
     
  9. Adrian69702006

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    Your friend certainly shouldn't have been beaten up by the security staff and they were wrong to do that. However he was also wrong in trying to steal from his employer. Under the circumstances I think he would be wisest to let the matter drop.
     
  10. B_Nick4444

    B_Nick4444 New Member

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    he certainly has grounds for judicial remedy

    if he's in Kaliforntstan he'll probably make a mint from a lawsuit
     
  11. Mem

    Mem
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    I don't buy your story, but if it were real the store owner does not have the right to assault a person who is caught shoplifting.
     
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