She shouldn't be there either at that time if so nervous feels the need to carry spray paint!
Wrong. Completely wrong. This is blaming the victim, barring them from places they have the same right to be in as everyone else. A person (it’s not just women) carrying spray paint, which I always do when I go out, has had experience(s) that teach them they have to do this to keep themselves safe in public places.
Reading this whole thread it’s obvious that the OP and her husband have more sympathy and awareness of what that unknown woman might have been feeling, than many of the respondents. For some responses, if I’m feeling charitable I think that they simply don’t understand because they’ve never experienced it, what it’s like to have to respond in a split second to the fear that they might be about to be attacked. It absolutely is not a situation where there is time for a considered judgement. Lucky them. If I’m not feeling charitable… it’s not printable.
I’ve been in that unknown woman’s place more than once. The first time I don’t want to relive. Ever since, I’ve carried that paint spray. It gives me the confidence to be out in public, doing what most people take for granted.
As for the claim that she assaulted someone, the essence of a crime without which an action generally isn’t a crime, is intent. Then there’s recklessness which can make an action a crime without intent but it’s an evidentiary matter for a magistrate or jury to decide on at trial. In these circumstances it’s for CPS to decide whether to prosecute or not. Do you think CPS would prosecute a frightened woman who took a harmless action with a legal paint spray and did what the spray is intended to let her do – run away? Do you think CPS should prosecute in these circumstances? It’s unfortunate that an innocent person should be sprayed because this unknown woman was scared, but that’s a problem for society. As is the problem of so many people being attacked and needing to protect themselves. The paint spray is legal, carrying keys or a nail file for that same purpose, is a crime. So this is the only legal option open to people who want to protect themselves unless they’re martial arts experts.
Personally, if I'd been that unknown woman I'd have felt safer if a runner had slowed to walk a reasonable distance behind me and called out that he was about to pass me, trotted past me and gone back to a run after he was clear of me. That's just a suggestion; it's society's problem that a runner should have this kind of difficulty. That too, is wrong.
Pepper spray: It’s illegal both to try to buy it and to carry it in England and Wales. I don’t know about Scottish law, it’s a different system.