A short note to think about
Message:
12.64.126.218 writes:
I cruised into this web site somewhat deliberately. I'm a lawyer doing research for a legal article. This project was motivated by my recent defense of four different clients, all parents, who were acused of child abuse, based on reports filed by their children's schools. Each case involved a father spanking a child between 12 and 15 years old, with some implement, minus underwear. No significant physical harm occurred to any of the children involved. (and I might add fortunately)
However, what happened to those fathers was quite significant. All of the children, including siblings, in each home were removed by the child protection unit of the county social services. The kids were all placed in foster care under the juristiction of the court. The fathers, and one mother, were arrested by the police and charged with major felonies. The charges included both physical and sexual abuse. ( Surprise! Pants down was the basis thereof)
I am pleased to report that each case is now resolved, nobody is in jail, and the kids are all home again. The down side is that each of these families is required to be periodically evaluated by social services and attend family counseling sessions as mandated by the court. The fathers all have arrest records (one of whom lost his job because of this), and all have spent a small fortune defending themselves. These are ordinary people who have had their lives turned upside down.
To get to the point, I am not advocating a position either for or against spanking per se, I would just like to point out what the possible consequences could be. What happened to my clients could easily happen to anyone. Don't say "not me." In fact one of my clients said just that to the arresting officer. (it was in the police report) My suggestion is that if you live in the USA, especially in California where I am writing from, you had best procede with caution.
Paul J.
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Jon,
Are you aware that what your mom did is against the law in most states in the USA?
Suggesting to another person to engage in similar unlawful conduct is very poor advise.
Mind you, I'm not singling you out as others have given the same advice.
Many people either do not realize, or are indifferent to the possible consequences if a report is made to the police for spanking a child on the unclothed rear end, especially if an implement such as a wooden spoon is used, or the spanking is administered to an adolescent. It doesn't matter how much you love your kids, or what your intent was.
This is reality ...............................
1. You will be arrested, probably charged with a felony, booked, strip searched (standard police procedure), and locked into jail with a group of people you will not enjoy meeting. You will likely be in a protective custody unit because your fellow inmates take a dim view of anyone accused of child abuse.
2. In the mean time, all of your kids are being removed from your home by the local child protection service. You will not even know where they are, nor will you be allowed to have any contact with them.
3. To get out of jail, you will need to post bail, generally $10,000--$50.000, because it is a felony child abuse charge. If you can't make bail, you will stay in jail unless a sympathetic judge releases you O.R. ( several days already spent in jail)
4. You will need to retain an attorney. The charges range from $100 to $400. per hour. You will need to find a good criminal lawyer who knows how to handle a case of this type.
5. You will spend the next six to eighteen months making court appearances. You will need to fight quite a battle to get your kids back, that is if you can get them back. If you are lucky, you will spend the next few years putting up with intrusions from investigators, social workers, and court mandated family counseling telling you how to raise your kids.
6. The entire process puts an immense strain on marraiges, family relationships, careers, finances, not to mention your and your family's physical and mental health. The process of removal is very traumatic for children.
7. In the worst case scenario, you may end up going to trial. If you are convicted, you are now officially a convicted felon, possibly designated as a sex offender. You may face a prison sentence ranging from one year plus, and/or extended felony probation. Your life will never be the same again.
In case you wonder how I know this, I'm a lawyer, and I defend parents in exactly this predicament. Normal, average, everyday folks not unlike yourself.
So, consider this, is it worth the risk?
Paul J.
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As far as not getting a conviction in some communities for a charge of child abuse, I hope you never have to find out how wrong you are. When you are charged with abusing a child, you come into court with three strikes against you from the beginning. Juries are generally very unsympathetic.
As far as bare bottom spanking being as American as apple pie, at one time so was segregation in the schools. Both are now against the law.
Use a cane or a paddle? If she injures her child and is arrested and charged with aggravated battery, are you willing to pay for her bail and legal fees? That is very poor advice!
Sorry, but you do not have a right to discipline your child as you choose anywhere in the USA. There are very strict laws in every state to protect children from abuse. Whether you like it or not, bare bottom spanking is against the law throughout most of this country. It is considered under the law to be both physical and sexual abuse, and is a serious felony. Cross that law and you will find that you are no longer a legal guardian of your children as the state will take them from you.
And, God forbid, if that ever happens to you, then you will need a lawyer!
Pax.
Paul J.
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Mr. Katz,
You may not like hearing this, but......
Did you know that you broke the law?
A father hitting a 14 year old girl 24 times with a belt on the bare derriere is a felony in all but
four states. (By the way, your wife can get in just as much trouble) If convicted you could be
sentenced to prison. I don't know where you live, but I'll bet that's what the law is in your
state. I'm a lawyer, and I write on this board on occasion to exercise a little preventative legal
medicine. Whether or not you choose to listen is up to you, but I recommend you find and
retain an attorney now if you intend to spank your daughter like that again. You better believe
that you're going to need a lawyer one of these days soon. The good Sister and your female
friend gave you very poor advice.
Paul J.