What To Do if a Police Officer Assaults or Threatens You

One of the duties of the South African Police Service (SAPS) is to protect the public from violence and crime.

Unfortunately, interactions between civilians and police officers can themselves become confrontational and violent.

It’s essential to know how to respond and what to do if a police offer assaults or threatens you in South Africa.

Heightened emotions escalate confrontation

Police officers have to make quick decisions in assessing potentially volatile situations. Mostly, they’re effective in containing them.

Heightened emotions, fear, distrust and ineffective communication often escalate these situations.

Sometimes, they act with unreasonable force or make a wrongful arrest.

In some instances, the police knowingly abuse their powers.

What you should do if you find yourself in a threatening situation

The most important thing is to remain calm. This helps diffuse most situations.

Speak in measured tones and try to reason with the officer.

Don’t behave in a manner that can be deemed aggressive or threatening.

Keep your hands visible at all times and stay clear of any object that could be used as a weapon.

If possible, move into a public space or try to ensure there are other people around, who can be witnesses to the incident.

In all cases, try to resolve the issue as quickly and peacefully as possible.

What constitutes “reasonable force” by a police officer?

The degree of force that a law-enforcement officer may employ is proportional to the threat posed in a given situation.

For example, it may be appropriate to point and/or discharge a firearm at an armed attacker who is threatening to shoot an innocent person or a police officer.

It’s not appropriate to point or discharge a firearm at an unarmed person whose hands and movements are clearly visible to the police officer.

Similarly, a police officer may use some force to restrain and arrest a person suspected of having committed a crime.

However, beating or kicking a suspect who is not offering any resistance is probable cause for opening a case of assault against a police officer.

9 steps you must take if you’re assaulted by a police officer

Sometimes the situation escalates to the point where a police officer uses more than “reasonable force” or assaults you or a family member.

If this happens, there are immediate steps you must take to ensure you have sufficient evidence to build a case of police brutality.

1. Don’t resist arrest

Even if you’re wrongfully arrested, comply with all instructions.

Ensure you’re accorded all your rights, such as requesting legal counsel.

2. Remember details of the incident

Remember as many details as possible about the incident and that you’re able to indicate when and where it happened.

3. Take down the officer’s name and number

If possible, record the officer’s name and identification number.

4. Record witnesses names

If there are witnesses to the incident, take down their names and numbers.

They’ll be helpful in providing additional information.

5. Take photographs at the scene

If it’s possible, take photographs at the scene of the incident. In the case of injury, take photographs of injuries.

This is powerful evidence that will help build your case.

6. Visit a doctor and obtain a report

If you sustained injuries during the assault, ensure you’re examined and cared for by a medical professional as soon as possible.

This will also provide a written report and medical evidence of any physical, emotional or psychological trauma.

7. Obtain medical test results

It’s important to seek medical treatment as soon as possible.

The earlier treatment is sought and your injuries documented in a medical report, the stronger the case for making the causal connection between the assault and the resultant injury.

If an injury is the result of excessive force by police, also ensure that you obtain results of medical tests, interventions, X-rays and any other evidence that can help build a case against the police.

8. Build a support network

An assault or wrongful arrest is traumatic. Ensure you get adequate support from family, friends and colleagues who can help you through this difficult time.

9. Seek legal counsel urgently

Visit a lawyer as soon as possible after the incident. Your lawyer will help you determine if you have a case of assault against the SAPS.

Procedure for pursuing a claim against the police

A claim process should begin as soon as possible.

Statutory notice of an intended claim must be given to the Minister of Police – in person or via email – within six months of an incident.

If the six-month limit has lapse without giving the necessary notice, it may be possible to approach the court to condone your failure to do so, provided there are good reasons for this.

Ninety days after notice of the intended legal proceedings is given, a civil action can be instituted against the Minister.

A prescription period, typically of three years, applies. In other words, a claim against the police must be submitted within three years of the incident, or it will lapse.