Spanking
161.205. [Criminal Code] Physical force is justified if parent/guardian/other person with the care and supervision of a minor uses reasonable force when and to the extent the person reasonably believes necessary to maintain discipline or promote welfare of minor.
Notice: Only boys
butts. Hum. Source: nospank.net/injuredkids.pdf
Origin This phrase has quite a long genesis. The coiner of the version that we use in everyday speech was Samuel Butler, in Hudibras, the satirical poem on the factions involved in the English Civil War, which was first published in 1662: by Poets styl'd, Then Spare the Rod, and spill the Child. [by 'spill', Butler did mean spoil - that was an alternative spelling at the time] The words were Butler's, but the notion is much older. John Skelton's Magnyfycence, a godly interlude and a mery, circa 1520, includes this: The same thought occurs in the Bible and is first listed in John Coverdale's 1535 translation, in Proverbs: "He that spareth the rodde, hateth his sonne." The same thought is again found in an even older text, Aelfric's Homilies, circa 1000: "Se ye sparas his gyrde, he hatas his child." [gyrde is girdle, i.e. belt] Aelfric's language is removed somewhat
from the phrase as we now know it, but there's little doubt
that what he was saying was 'spare the rod and spoil the
child'.
The adage is an adaptation from six verses from King Solomon's book of Proverbs: He that spareth his rod hateth his son: but he that loveth him chasteneth him betimes. (Proverbs 13:24) Chasten thy son while there is hope, and let not thy soul spare for his crying. (Proverbs 19:18) Both of these verses appear in the Contrast of Goodness and Evil. From the Warnings and Instructions come the following four verses: Foolishness is bound in the heart of a child; but the rod of correction shall drive it far from him. (Proverbs 22:15) Withhold not correction from the child: for if thou beatest him with the rod, he shall not die. (Proverbs 23:13) 15 The rod and reproof give wisdom: but a child left to himself bringeth his mother to shame. 17 Correct thy son, and he shall give thee rest; yea, he shall give delight unto thy soul. (Proverbs 29:15, 17) You will not find in the Bible the exact words of the "proverb" you hear today. Instead, you will hear King Solomon's contrast of good and evil and his warnings and instructions. Consider the message of the verses. In 13.24 you find that if you do not discipline your child, you hate him. If you love him, you discipline him when necessary. *Note that the word for "rod" here is the same word as "frond", meaning then a palm branch, not the iron rod with which the kings ordered prisoners flogged. In 19.18 you find that you should chastise your child early while he is still impressionable (good). (Evil) You should not fail (spare) to chastise your child because he cries or is remorseful. In 22.15 you find that a child is not born with a moral compass or the knowledge to know his actions are folly. Discipline will teach him. In 23.13 you find that if you discipline your child to teach him values and morals, he will not fall into iniquity (evil) and die (eternal damnation). In 29.15 you find that discipline and knowledge (reproof) will keep your child from bringing shame upon the family. In 17, you find if you discipline your child, he will behave always and be a child with whom you can be happy. In no way, shape or form does Solomon profess abusing a child, but instead, shows that failure of the parent to discipline the child and teach the child to follow the law will be the downfall of the child and parent alike. Solomon does not profess that the use of the "rod" is enough. He states that the reproof is necessary to teach the child. Finally, Solomon assures parents that if they will raise their children to be lawful members of the society, they will bring great joy. Many parents who use either these Scriptures or the adage in the discipline of their children find out that Solomon was onto something. When you begin the discipline with the physical, which the child can understand, you will get to a point where the reproof is all you need. Know that in absence of understanding of speech, pain is the receptor implanted in the human body to warn of ill action. Finding of remorse or fear of retribution is inadequate as discipline. Children will cry in the face of consequences to actions. This should not deter the parent from discipline. Regardless of religious pursuit,
parents are the ones with the responsibility to discipline
their children. Parents are also warned that if they fail
their children, those children will bring shame upon them.
This fact is bared in today's society, as it was in the
past. Parents are given options on how to discipline their
children. Ultimately, the parents must make the choice.
Butt Whoopin'! Teacher Grounds & Pounds Student 4:33 (removed) Alabama [The Code of Alabama 1975] § 13A-3-24. [Criminal Code] Parent/guardian/person responsible for care and supervision of a minor/teacher or other person responsible for care and supervision of a minor for a special purpose may use reasonable and appropriate physical force when and to the extent he reasonably believes it necessary and appropriate to maintain discipline or promote welfare of the child. [See also: Endangering welfare of child. Section 13A-13-6] Alaska [Alaska Statutes] § 11.81.430. [Criminal Code] When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate non deadly force upon that child or incompetent person. Arizona [Arizona Revised Statutes] § 13-403. [Criminal Code] A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline. Arkansas [Arkansas Code Statutes] § 9-27-303(B). [Civil Code] Abuse does not include physical discipline of a child if reasonable and moderate and inflicted by a parent or guardian for restraining or correcting a child. Listed as not reasonable or moderate for correcting or restraining: -- Throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a child under 3, striking or other actions which result in any non-accidental injury to a child less than 18 months, interfering with a child's breathing, threatening a child with a deadly weapon, striking a child on the face, or any other act that is likely to cause bodily harm greater than transient pain or minor temporary marks. [Statute says this is an illustrative and not exclusive list]. Age, size, condition of the child, and the location of the injury and frequency or recurrence of injuries shall be considered in determining "reasonable" or "moderate." § 5-2-605(l). [Criminal Code] Parent/teacher/guardian/other with care and supervision of a minor may use reasonable and appropriate physical force when and to the extent reasonably necessary to maintain discipline or promote the welfare of the child. If the belief that the force is necessary is a reckless or negligent belief, than the above offers no defense to a crime if the culpability of that crime is proven by showing recklessness or negligence. § 5-2-614. [Criminal Code] Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person. California [California Statutes] Welfare and Institutions Code § 300. [Civil Code] Law not intended to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting. Serious physical harm does not include reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury. Penal Code § 11165.6. [Criminal Code] Abuse includes unlawful corporal punishment or injury. Penal Code § 11165.4. [Criminal Code] "Unlawful corporal punishment or injury" is any person willfully inflicting upon a child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. Colorado [Colorado Revised Statutes] § 19-1-303(l). [Civil Code] Any investigation of child abuse shall take into account the child-rearing practices of the child's culture. Child abuse and neglect does not include acts which can be reasonably construed to be a reasonable exercise of parental discipline. § 18-6-401. [Criminal Code] A continued pattern of conduct which results in cruel punishment or accumulation of injury which results in death or serious bodily injury is child abuse. § 18-1-703. [Criminal Code] Parent/guardian/ person with care and supervision of minor can use reasonable and appropriate physical force, if it is reasonably necessary and appropriate to maintain or promote welfare of child. Connecticut [General Statutes of Connecticut] § 53-20. [Criminal Code] It is abuse if having control and custody of a child under sixteen (16) one cruelly or unlawfully punishes. § 53a-18. [Criminal Code] Parent/guardian/person with care and supervision of a minor (other than a teacher) may use reasonable physical force, when and to the extent that he reasonably believes necessary to maintain discipline or promote welfare of minor. Delaware [Online Delaware Code] Criminal § 468. [Criminal Code] Force is justifiable if reasonable and moderate and by parent/guardian/foster parent/legal custodian/other similar person responsible for care and supervision. Force must be: -- For purpose of safeguarding or promoting welfare of child, including prevention or punishment of misconduct, and -- Intended to benefit child. Reasonable and moderate is determined in light of: size, age, and condition of child, location, strength, and duration of force. Force is not justified if it consists of: -- Throwing child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of deadly weapon, prolonged deprivation of sustenance or medication, any act likely to cause or causing physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death. District of Columbia [District of Columbia Official Code] § 6-2101. [Civil Code] Abuse includes excessive corporal punishment. § 16-2301. [Civil Code] Abuse includes when a parent/guardian/custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury, including excessive corporal punishment. Florida [The Florida Statutes] § 39.01(2) [Civil Code] "Abuse" means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child. § 415.503. [Civil Code] "Harm" to a child occurs when the parent or other person responsible for the child's welfare inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. The following factors must be considered in evaluating any injury: prior injuries; location; multiplicity; and type of trauma. Such injury include, but are not limited to willful acts that produce the following specific injuries: sprains, dislocations, or cartilage damage; bone or skull fractures; brain or spinal cord damage; intracranial hemorrhage or injury to other internal organs; asphyxiation, suffocation, or drowning; injury resulting from the use of a deadly weapon; burns or scalding; cuts, lacerations, punctures, or bites; permanent or temporary disfigurement; or permanent or temporary loss or impairment of a body part or function. "Willful" refers to the intent to perform an action, not to achieve a particular result or an intent to cause an injury. Georgia [Georgia Code] Physical forms of discipline may be used as long as there is no physical injury to the child. Secs. 19-7-5/19-15- 1/49-5-180. [Civil Code] § 16-3-20. [Criminal Code] Parent or person in loco parentis reasonably disciplining of a minor has a justification for a criminal prosecution based on that conduct. Hawaii [Hawaii Revised Statutes] § 703-309. [Criminal Code] Parent/guardian/person responsible for general care and supervision of minor/person acting at request of above may use force if. -- employed with due regard for age and size of minor and reasonably related to purpose of safeguarding or promoting welfare of minor, including prevention or punishment of minor's conduct, and -- not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain, mental distress, or neurological damage. Idaho [Idaho Statutes] § 16-2002. [Civil Code] Abuse includes physical cruelty in excess of that required for reasonable disciplinary purposes, inflicted by a parent or other person in whom legal custody is vested. Illinois [Illinois Compiled Statutes] Secs. 325 5/3/ [Civil Code] An "abused child" includes any child whose parent/immediate family member/person responsible for the child's welfare/individual residing in the same house/paramour of child's parent inflicts excessive corporal punishment. Indiana [Indiana Revised Code] § 31-34-1-15. [Civil Code] Law does not limit right of parent/guardian/custodian to use reasonable corporal punishment when disciplining a child. Iowa [Iowa Code] § 726.6. [Criminal Code] Child endangerment includes using unreasonable force, torture, or cruelty which results in physical injury, is intended to cause serious injury, or causes substantial mental or emotional harm. Kansas [Kansas Statutes] § 21-3609. [Criminal Code] Abuse includes cruel and inhuman corporal punishment. Kentucky [Kentucky Revised Statutes] § 503.110. [Criminal Code] Parent/guardian/person/teacher with care and supervision of minor can use force if person believes force necessary for welfare of child and force is not designed to cause or known to cause a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress. Louisiana [Louisiana Laws] § 14:18. [Criminal Code] In determining abuse the agency should take into account that an injury may have resulted from what might be considered reasonable discipline for a child's misbehavior. Children's Code Art. 615(A). [Civil Code] Parent/tutor/teacher reasonably disciplining a minor has a defense to a criminal prosecution based on that conduct. Maine [Maine Revised Statutes] 17-A Part 2, Chapter 23 § 554(1)(B-1) Endangering the welfare of a child. [Criminal Code] It is a crime for parent, guardian, or other person with care and custody of a child to cruelly treat a child by extreme punishment. Title 17-A, Chapter 5 § 106 — Physical force by persons with special responsibilities A parent, foster parent, guardian or other similar person responsible for the long term general care and welfare of another person is justified in using a reasonable degree of force against such other person when and to the extent the person reasonably believes it necessary to prevent or punish such other person's misconduct. A person to whom such parent, foster parent, guardian or other responsible person has expressly delegated permission to so prevent or punish misconduct is similarly justified in using a reasonable degree of force. Maryland [Maryland: Michie's Legal Resources] § 4-501. [Civil Code] Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child. Massachusetts [The General Laws of Massachusetts] In Massachusetts, there is no specific list of actions that constitute abuse. Moreover, a parent doesn't have to injure a child to be reported - as long "as the substantial risk of harm" is there. "The legislature has balanced opposing societal viewpoints," says Juliana Rice, an assistant attorney general representing the commissioner of the DSS. Recognizing that "what may be harmful for one child may not be harmful for another," the law does not define abuse in terms of parental conduct, but rather on the degree of harm to the child. Chapter III: Section 72F. Public Health - Hospitals "Abuse" is defined as, the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain or mental anguish or assault and battery; provided, however, that verbal or mental abuse shall require a knowing and willful act directed at a specific person. Michigan [Michigan Legislative Council Chapter Index] § 750.136b.. [Criminal Code] [Michigan: MCL Chapter Index] Parent/guardian/other person permitted by law, parent, or guardian can reasonably discipline a child, including the use of reasonable force. Minnesota [Minnesota Statutes] § 609.377. [Criminal Code] Parent/legal guardian/caretaker who intentionally uses unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment. § 609.379. [Criminal Code] Parent/legal guardian/teacher/caretaker of child or pupil can use reasonable force to restrain or correct a child or pupil. Mississippi [Mississippi Code] § 97-5-39(2(m)). [Criminal Code] Physical discipline (not to include any form of sexual abuse) performed on a child by a parent, guardian or custodian shall only be deemed to be abuse under this paragraph when a licensed physician has determined that physical injury has occurred. Missouri [Missouri Revised Statutes] § 210.110. [Civil Code] Discipline including spanking, administered in a reasonable manner, is not abuse. § 563.061. [Criminal Code] Force justified if by parent/guardian/other person with care and supervision of minor if- -- Person believes force necessary to promote welfare of minor, and -- Force used is not designed to cause or believed to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme emotional distress. Montana [Montana Code] § 41-3-102. [Civil Code] "Physical abuse" is defined as "substantial skin bruising, internal bleeding, substantial injury to skin, subdural hematoma, intentional burns, bone fractures, extreme pain, permanent or temporary disfigurement, impairment of any bodily organ or function, or death if the injury or death is not accidental." § 45-3-107. [Criminal Code] Parent or authorized agent of parent/guardian/master/teacher is justified to use force if reasonable and necessary to restrain or correct child. Nebraska [Nebraska Revised Statutes] § 28-710. [Criminal Code] It is abuse to knowingly, intentionally, or negligently cause or permit a child to be cruelly punished. § 28-1413. [Criminal Code] Parent/guardian/person responsible for care and supervision/person acting at one of the above's request is justified to use force on a minor if for the purpose of safeguarding or promoting the welfare of minor, including prevention or punishment of misconduct, but not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, mental distress, or gross degradation. § 28-1414. [Criminal Code] If the belief that the force is necessary is a reckless or negligent belief, than the above offers no defense to a crime, if the culpability of that crime is proven by showing recklessness or negligence. Justification is not available if person recklessly or negligently injured or created a substantial risk of injury to a person. Nevada [Nevada Revised Statutes] § 432B.150. [Civil Code] Excessive corporal punishment may cause physical or mental injuries which constitute abuse. § 128.013. [Civil Code] "Injury" to a child occurs when a parent/guardian/custodian inflicts or allows to be inflicted upon a child physical, mental, or emotional injuries sustained as a result of excessive corporal punishment. New Hampshire [New Hampshire Statutes] § 627:6. [Criminal Code] Parent/guardian/person/teacher responsible for general care and welfare of minor may use force against minor when and to the extent that he reasonably believes it necessary to prevent or punish minor's misconduct. No defense available for malicious or reckless use of force that creates risk of death, serious bodily injury, or substantial pain. New Jersey [New Jersey Permanent Statutes] § 9:6-1. [Civil Code] Cruelty to a child includes inflicting unnecessarily severe corporal punishment upon a child. § 9:6-8.9. [Civil Code] "Abuse" includes a parent, guardian, or other person with control or custody inflicting excessive corporal punishment (which must be excessive to the point that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result). § 2C:3-8. [Criminal Code] Person with responsibility for care, supervision, discipline, or safety of another may use force against them if for the purpose of and to the extent necessary to further the responsibility. § 2C: 3-9. [Criminal Code] Justification is not available if the person recklessly or negligently injures or creates a risk of injury. New Mexico [New Mexico Statutes] §32A-1-4(B). [Civil Code] An abused child includes one who has been cruelly punished by a parent/ guardian/ custodian. § 30-6-1. [Criminal Code] Abuse includes knowingly, intentionally, or negligently permitting or causing a child to be cruelly punished. New York [Laws of New York] Family Court § 1012. [Civil Code] Neglecting a child includes unreasonably inflicting or allowing the infliction of harm or substantial risk thereof, including excessive corporal punishment. Penal § 35:10. [Criminal Code] Parent/guardian/other person with care and supervision of person under 21, can use non-deadly physical force when and to the extent he reasonably believes necessary to maintain discipline or promote welfare of person force performed upon. North Carolina [North Carolina General Statutes] Juvenile § 7B-101(1). [Civil Code] Abuse includes infliction of a serious physical injury by other than accidental means; creating a substantial risk of such injury by other than accidental means; and using cruel or grossly inappropriate procedures or devices to modify behavior. North Carolina does allow parents to physically discipline their children. Following is the guidance that is within our Child Protective Services Manual for county Department of Social Services, parents and individuals to review and follow: "Parents have a right to discipline their children. Done appropriately, spanking and the use of corporal punishment are not considered child abuse. Corporal punishment, commonly referred to as physical discipline or spanking, is the application of physical force, including striking with the hand or with an object, against the body of another. However, significant trauma and tissue damage, such as bruises, welts, or lacerations may be signs of child neglect (inappropriate discipline) or child abuse, depending on the extent of the injuries. Factors to consider regarding bruising include: location and severity of the injury, child's age and developmental stage, and whether the bruises are consistent with normal play. Injuries such as these, not resulting from an accident, must be assessed. A definition of significant trauma is any injury beyond temporary redness of the skin. A practical guideline to use is that any inflicted injury which lasts more than 24 hours constitutes significant injury and requires an investigation." Thank you for contacting the DSS Website with your inquiry. If there is a need to contact this office again, I can be reached by phone at the number listed below or via e-mail. Valarie J. - North Carolina Division of Social Services North Dakota [North Dakota Century Code] § 50-25.1-02. [Civil Code] "Harm" includes injuries sustained from excessive corporal punishment. § 12.1-05-05. [Criminal Code] Parent/guardian/other person responsible for care and supervision of minor/person acting at direction of the above can use reasonable force on a minor for safeguarding or promoting his welfare, including prevention or punishment of his misconduct and maintenance of proper discipline. Force does not have to be "necessary," but cannot create substantial risk of death, serious bodily injury or disfigurement, or gross degradation. Ohio [Ohio Revised Code] § 2151.031. [Civil Code] Not abuse if not prohibited under law prohibiting endangering children. "Endangering children" is administering corporal punishment or other physical discipline, or physically restraining the child in a cruel manner or for a prolonged period if the punishment or discipline is excessive under the circumstances and creates a substantial risk of serious physical harm to the child. § 2919.22. [Criminal Code] It is a criminal act to administer corporal punishment or other physical discipline, or to physically restrain the child in a cruel manner or for a prolonged period if it is excessive under the circumstances and creates a substantial risk of serious physical harm to the child. It is a criminal act to administer unwarranted disciplinary measures to child if there is a substantial risk that if conduct is continued it will seriously impair the child's health or development. Oklahoma [Oklahoma Code] 21 § 844. [Criminal Code] Parents/teachers/other persons can use ordinary force as a means of discipline, including but not limited to spanking, switching, or paddling. 10 § 7115. [Criminal Code] Criminal penalty for using unreasonable force upon a child under 18. Oregon [Oregon Revised Statutes] Physical force is justified if parent/guardian/other person with the care and supervision of a minor uses reasonable force when and to the extent the person reasonably believes necessary to maintain discipline or promote welfare of minor. 161.205. [Criminal Code] Pennsylvania [The Pennsylvania Code] 18 § 509. [Criminal Code] Parents can use reasonable supervision and control when raising their children. 23 § 6302. [Civil Code] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. Rhode Island [State of Rhode Island General Laws] §11-9-5.3. [Criminal Code] Abuse occurs when a child's physical or mental welfare is harmed or threatened by a parent or person responsible for child's welfare, by means including excessive corporal punishment which causes physical or mental injury or creates or allows to be created a substantial risk of physical or mental injury. §40-11-2. [Civil Code] Serious physical injury is any injury, other than a serious bodily injury, arising from other than non-excessive corporal punishment. South Carolina [South Carolina Code of Laws] § 20-7-490. [Civil Code] "Harm" includes excessive corporal punishment. "Harm" does not include corporal punishment or physical discipline if- Administered by a parent or person acting in place of a parent, Perpetrated for the sole purpose of restraining or correcting, Force is reasonable in manner and moderate in degree, There is no permanent damage, and Behavior is not reckless or grossly negligent. South Dakota [South Dakota Codified Laws] It is abuse to cruelly punish. § 26-10-1. [Criminal Code] Parent/guardian/teacher/school official can use, attempt, or offer to use force if reasonable in manner and moderate in degree, and used to restrain or correct as necessitated by misconduct or refusal to obey a lawful command. §22-18-5 [Criminal Code] Tennessee [Tennessee Code] § 39-15-401 [Criminal Code] Permits criminal charges against a parent/guardian/custodian who administers "unreasonable" corporal punishment which causes "injury" to the child. Texas [Texas Statutes] Penal § 9.61. [Criminal Code] Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm. Family Code § 261.001. [Civil Code] Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare. Texas Law Help - An online resource for free and low-cost civil legal assistance for those who cannot afford legal help. Learn about your rights, self-help resources, and legal aid. Utah [Utah Code] § 76-2-401. [Criminal Code] Force is justified if used for reasonable discipline of a minor by parent/guardian/teacher /person standing in loco parentis. Vermont [Vermont Statutes] Code § 33.4912 [Civil Code] An "abused or neglected child" means a child whose physical health, psychological growth and development or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child's welfare. An "abused or neglected child" also means a child who is sexually abused or at substantial risk of sexual abuse by any person. Virginia [Code of Virginia] In a 2002 opinion, by Judge Richard S. Bray, in Gary Santos Guzman v. Commonwealth of Virginia, several precedents are cited regarding the line between corporal punishment and abuse. Although the references do not explicitly state "it is ok to spank a child," the verbiage clearly implies that in the eyes of the state, circumstances exist in which corporeal punishment can be administered without being considered abuse: [W]here a question is raised as to whether punishment had been moderate or excessive, the fact is one for the [fact finder] to determine from the attending circumstances, considering the age, size and conduct of the child, the nature of the misconduct, and the kind of marks or wounds inflicted on the body of the child. [Harbaugh v. Commonwealth, (1969); see also Carpenter v. Commonwealth, (1947)]. The formatting of this online document makes the references a little unclear, but for more information, visit the Virginia Judicial System's webpage. In addition, a 2008 Wiki Answer to the question "Is it legal to spank your children in Virginia" suggests Spanking is allowed in all states; the line between permitted corporal punishment and what is legally defined as abuse varies by state and is not always clear (laws typically allow "reasonable force" and "non-excessive corporal punishment"). It goes on to quote the verbiage above from Carpenter v. Commonwealth. Washington § 9A.16.100. [Criminal Code] Physical discipline is not unlawful if reasonable and moderate and inflicted by parent /teacher/guardian for restraint or correction. Presumed unreasonable if the following are used to correct/ restrain: -- Throwing, kicking, burning, cutting, striking with a closed fist, shaking a child under 3, interfering with breathing, threatening with a deadly weapon, any other act likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. [Statute says this list is illustrative and not exclusive]. Age, size,condition of child, and location of injury are all factors in determining "reasonable" and "moderate." West Virginia § 49-1-3 Physical injury can include that which is the result of excessive corporal punishment. Wisconsin § 939.45. [Criminal Code] Use of force is justified when actor's conduct is reasonable discipline of a child by a person responsible for child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. Never reasonable to use force intended to cause great bodily harm or death, or which creates an unreasonable risk of great bodily harm or death. Wyoming [Wyoming Code] § 14-3-202. [Civil Code] Abuse include excessive or unreasonable corporal punishment. § 14-6-201. [Civil Code] A "neglected child" includes one abused by the infliction of physical or mental injury including excessive or unreasonable corporal punishment. § 6-2-503. [Criminal Code] Same definition as civil abuse definition. Spanking Related Articles Source: kidjacked.com/legal/spanking_law.asp
 Does spanking work?
 The higher the percent of parents in a nation who used corporal punishment with teenagers, the lower the national average IQ. Credit: Murray Straus "All parents want smart children. This research shows that avoiding spanking and correcting misbehavior in other ways can help that happen," Straus says. "The results of this research have major implications for the well being of children across the globe." "It is time for psychologists to recognize the need to help parents end the use of corporal punishment and incorporate that objective into their teaching and clinical practice. It also is time for the United States to begin making the advantages of not spanking a public health and child welfare focus, and eventually enact federal no-spanking legislation," he says. IQ and Spanking in America  American children who were spanked had a lower cognitive ability score four years later. Credit: Murray Straus Straus found that children in the United States who were spanked had lower IQs four years later than those who were not spanked. Straus and Mallie Paschall, senior research scientist at the Pacific Institute for Research and Evaluation, studied nationally representative samples of 806 children ages 2 to 4, and 704 ages 5 to 9. Both groups were retested four years later. IQs of children ages 2 to 4 who were not spanked were 5 points higher four years later than the IQs of those who were spanked. The IQs of children ages 5 to 9 years old who were not spanked were 2.8 points higher four years later than the IQs of children the same age who were spanked. "How often parents spanked made a difference. The more spanking, the slower the development of the child's mental ability. But even small amounts of spanking made a difference," Straus says. IQ and Spanking Worldwide Straus also found a lower national average IQ in nations in which spanking was more prevalent. His analysis indicates the strongest link between corporal punishment and IQ was for those whose parents continued to use corporal punishment even when they were teenagers. Straus and colleagues in 32 nations used data on corporal punishment experienced by 17,404 university students when they were children. According to Straus, there are two
explanations for the relation of corporal punishment to
lower IQ.
Second, a higher national level of economic development underlies both fewer parents using corporal punishment and a higher national IQ. The good news is that the use of corporal punishment has been decreasing worldwide, which may signal future gains in IQ across the globe. "The worldwide trend away from corporal punishment is most clearly reflected in the 24 nations that legally banned corporal punishment by 2009. Both the European Union and the United Nations have called on all member nations to prohibit corporal punishment by parents. Some of the 24 nations that prohibit corporal punishment by parents have made vigorous efforts to inform the public and assist parents in managing their children. In others little has been done to implement the prohibition," Straus says. "Nevertheless, there is evidence that
attitudes favoring corporal punishment and actual use of
corporal punishment have been declining even in nations that
have done little to implement the law and in nations which
have not prohibited corporal punishment," he says.
If you think this is wrong, write you state legislators and tell them. Here's a sample letter you might use: When a school's policy permitting corporal punishment is challenged, punishers and their defenders typically point out that the practice is legal, that those who physically punish students are following established guidelines, and that the action is carried out in the presence of a witness. I'm curious to know if any school of education teaches undergraduates the correct method for hitting a child's pelvic area with a wooden board. Surely, if there were an established "right method," then teachers' colleges would include it in their curriculum. As a general rule, professionals who engage in potentially dangerous contact with a subject's body are trained and tested in the procedure, and are certified. Educators who strike students seem to be the only exception. If I'm wrong - if there is a degree-granting institution in your state that offers training in how to hit children - please let me know. As for presence of a witnesses during the event, I have been unable to find anyone to explain exactly what the witness is supposed to be preventing. What criteria apply? Is the mere presence of a witness enough to keep a paddler from crossing some mysterious, unspoken boundary? Can you cite one example of a witness who did something? If the witness happens to be a voyeur, and is colluding with the paddler in an act of sexual sadism, then what? Such things do happen, as a visit to www.nospank.net/101.htm will confirm. Any light you can shed on these
matters would be much appreciated. I look forward to your
response. Spanking Can Be
Sexual Abuse
Members of the loose-knit group, which investigators have nicknamed "the Spanking Club," harshly beat children--often their own--with paddles, canes or other devices, and then exchanged videos of those spankings through the mail, officials said. The videos also featured close-ups of genitalia and other pornographic elements. Those who investigate crimes against children say they cannot remember another such case, featuring an organized group focused on the pornography of spanking children. In all, authorities have removed 12 children ranging in age from 4 to 14 from their parents or guardians. `Brutalizing' the young "What we're talking about, it was not just a little paddling with the hand on a kid's backside," said Raymond Smith, a senior U.S. postal inspector who worked on the case. "They're using paddles, whips, canes and severely brutalizing these very young children, sometimes as young as 4 years old." Some of the defendants have yet to be sentenced, and other arrests may be made. But whatever the final numbers, the case illustrates a phenomenon becoming increasingly known among law enforcement: that the Internet has made it much easier for child pornographers to find each other and create and exchange material in violation of the law. Five years ago, the FBI created an initiative called Innocent Images, sending agents undercover to stop on-line child pornographers by, for example, entering chat rooms in the persona of girls. These agents opened 113 cases in 1996. That jumped to 1,541 last year. In the spanking case, the pornographers sent videos through the mail because it is difficult to transmit a 90-minute video online. But they often communicated with each other on the Internet, authorities said. Veteran investigators said that even by the disturbing standards of child pornography, the activities of the Spanking Club were chilling. The films did not involve ordinary spanking, but rather beatings, and they included a clearly sexual element. "Any time children are brutally beaten, it's the most outrageous type of conduct that we have to deal with," said Michael Heimbach, chief of the FBI's Crimes Against Children Unit. "It wrenches your heart. All the children's issues do, but when you see children being beaten on videos and their genitalia are being filmed, it's very, very disturbing." Canada provided 1st break Investigators' first break occurred in May 2000, when Canadian authorities intercepted a video mailed to an assistant school principal, David Wadsworth, and arrested him. He was carrying a phone bill that led investigators to David Patterson, a computer programmer in Dalton, Ga., who appeared to have been at the center of the ring. A tape from Wadsworth's house showed Patterson "administering repeated spankings to four naked children, who cried out in pain during the prolonged beatings," said a prosecutor. Two of the children were Patterson's children, another was the child of a former wife, and the fourth was a family acquaintance, investigators said. Patterson pleaded guilty and was sentenced last November to 10 years in prison. His ex-wife, Shirley Blaney, received 2 years. More important from the investigators' perspective, Patterson agreed to cooperate, leading agents and inspectors to others involved in the group. Some of them beat children and made videos, while others simply trafficked in them. There was Jim Nain, a railroad employee in Wisconsin Rapids, Wis., in whose house agents found hairbrushes, a rattan cane and other items. Teacher, nurse caught There was Gordon Murray, an elementary school teacher in Brewton, Ala., who met Patterson through an ad in Domestic Discipline Digest. There was Richard Roll, a male nurse and former scoutmaster from Jamestown, N.Y., who called his pornographic films "Rick Roll Videos." And there was George Kelly of Lombard, Ill., who pleaded guilty last month to possession and distribution of child pornography. Kelly, 63, had been a volunteer Sunday school teacher at Christ the King Catholic Church in Lombard. Kelly was creating spanking videos, investigators said, but they involved mannequins rather than children. During the search of his house, Kelly admitted to agents that he had manufactured and distributed simulated child pornography in exchange for "the real thing." Kelly's sentencing is scheduled for April 19, and he faces a potential term of 70 to 87 months in prison. Officials say they had to take down the organization quickly, rather than drawing out the investigation, because children were being abused. They do not believe there will be many other such cases, they said, because the group revolved around a relatively rare fetish. Still, such people have a drive to get in touch with one another, and the Internet provides an easy way to do so, according to Smith, who heads the child exploitation unit at the Postal Inspection Service. "They have a real innate need to communicate with others because deep down inside, they know what they're doing is wrong," Smith said. "But by communicating with each other and sharing experiences, it's a psychological support thing. It's a validation system. It makes them say, `See, I'm not so weird. There's a lot of other people out there that like the same thing as I do.'"
Ronald Ellis, 30, of New Hartford, was in Bantam Superior Court on Monday. He was released on a written promise to appear in court. Ellis has been charged with fourth-degree sexual assault and risk of injury to a minor in the October incidents. According to an arrest warrant, Ellis ordered a 9-year-old girl to pull down her pants so he could spank her along a remote area of the Farmington River Turnpike while they were riding bicycles and again at a New Hartford firehouse. Ellis is a volunteer firefighter. Police said he also choked the girl's 8-year-old brother after the boy refused to obey him. State police arrested Ellis on a warrant Friday. His next court date is Dec. 17. State police said Ellis befriended the two children and their sister through an acquaintance with their father.
Kenneth Watson, 46, was allowed to continue working despite an official warning about his behaviour and carried out a further two attacks, Carlisle Crown Court was told. A diocesan adviser visited the Roman Catholic primary school, where Watson also served as a child protection officer, after accusations by a pupil. Watson claimed to be stunned by the allegation that he had indecently smacked the girl and the matter was not pursued, but he was warned about the possibility of dismissal if there were further incidents. He was arrested four months later, in February this year, after committing two further offences. As a result of publicity, 25 former pupils whose ages spanned three decades were to come forward and make allegations against him. Watson, of Washington, Tyne and Wear, who is married with two children, admitted 11 specimen charges of indecent assault on girls aged nine to 15 at three schools in South Tyneside where he worked from the 1970s. A further four counts of similar offences involving boys were denied and allowed to remain on the file. Paddy Cosgrove, QC, for Watson, said: "One worrying aspect is that if the diocesan adviser who went to see him in Oct 1995 remembers the incident as he says, then surely he and the local education authority were derelict in their duty by not taking this further." "This was a gross breach of trust. You were headmaster and had the whole responsibility for the little community of your school." Carlisle Crown Court was told that Watson gained no sexual gratification from what he did, but this was refuted by his victims. One told how she was made to wear a red gymslip when he smacked her and the garment was found by police when they searched his office. Others were spanked when he lifted up their skirts while alone in classrooms with him. Their "punishment" had been marked inside an exercise book. On three occasions he pulled down girls' knickers and hit them on their bare buttocks. Psychiatrists said his problems were rooted in his childhood and Watson spoke of the incidents giving him "a cosy kind of feeling". Judge Alastair Bell told Watson: "This was a gross breach of trust. You were headmaster and had the whole responsibility for the little community of your school." Watson's wife, Kay, 43, is also a teacher and the only daughter of Judge William Hannah, who sits at Newcastle Crown Court. She is standing by her husband. Police were alerted after a passing comment by a 10-year-old victim to her mother and another girl from the same school came forward after publicity. Watson telephoned the mothers of both girls to say there had been a misunderstanding and it was "only a joke". After the hearing, one of the three women who gave evidence claiming that they had been assaulted by Watson while schoolgirls, said she could not believe his sentence. "All along he has shown no remorse at all for what he has done," she said. "It has been self, self, self. They said he didn't do it for sexual gratification either but I don't believe that. I could tell by the way he was breathing heavily as he assaulted me that he was getting something out of it." The woman, a 30-year-old mother of two, referred to in court as Miss E, said she was considering bringing legal action against South Tyneside Education Authority. In a statement, the Diocese of Hexham and Newcastle said: "The Church strives in every one of its schools to provide the safest environment for the education and care of its children. So, any instance where a member of staff fails to safeguard children comes as a complete shock."
Raymond Boyle could get two years in prison after pleading guilty yesterday to child endangering for spanking his teenage daughters with their pants down. Gary A. Crow, executive director of Lorain County Children Services, said the case shows how blurry the line can be between discipline and abuse. Ohio law permits use of reasonable corporal punishment, but prosecutors said Boyle's methods were a mental risk to his daughters, 15 and 13. "It's not that he administered corporal punishment, but how," said Lorain County Prosecutor Gregory A. White. "He was way over the line." Amherst police Detective Alex Molnar said Boyle, 39, required his daughters to strip naked from the waist down before spanking them last year. Officials said one girl was spanked three times, with the first in January 1995 and the last in April 1996; and the other was spanked in April 1996. Molnar said they confided the humiliation to a school counselor after the April incident. Molnar said the girls were punished by their father repeatedly for minor things, including misbehaving on the school bus or disobeying his rules. Boyle pleaded guilty yesterday rather than go to trial. Prosecutors had planned to call a psychologist to testify that spanking the girls while they were nude posed a substantial risk to their mental health. White said he doubted that Boyle would have been charged in Lorain County Common Pleas Court had he spanked the girls with their clothes on. Although neither Boyle nor his lawyer, Michael Boylan, returned calls yesterday, court documents say Boyle did not touch either girl. In an interview with Molnar, Boyle said he "whupped" his daughters with a belt, requiring that they strip because it added humiliation to the punishment. He conceded this was wrong, the documents say. Children Services said Boyle no longer has contact with the girls.Crow, the director of the agency, said parents often try to disguise child abuse as discipline. "Ninety-five percent of the time we see child abuse, it's explained as an accident or [parents say,] 'The child was out of control. I was disciplining my child, and that's within my right,' Crow said. While many parents and pediatricians consider corporal punishment an acceptable tool of discipline, new research calls it heavy-handed and ineffective. The American Medical Association last week published research that suggests spanking has harmful long-term effects, including increasing aggression. It concluded "spare the rod, spoil the child" was a myth. Patti-Jo Burtnett, spokeswoman for Lorain County Children Services, said the agency suggests parents try nonphysical alternatives, like timeout. "If you're unsure of where the line is, if what you do leaves a mark, hurts or humiliates, then you probably shouldn't do it," she said. Boyle, who was free yesterday on a
personal bond, will be sentenced by Common Pleas Judge
Thomas Janas in about six weeks, after he is interviewed by
the County Probation Department.
Dr. Laura advises parents to use "swift and terrible" correction for defiant children www.tldm.org/news7/DrLaura2.htm
Apart from the legalities, is spanking a good idea? Does it work? According to the American Academy of Pediatrics, about 90 percent of U.S. parents spank, and about 59 percent of pediatricians in a 1992 survey said they support the practice. According to the academy, effective discipline has three key components: first, a loving, supportive relationship between parent and child; second, use of positive reinforcement when children behave well; and third, use of punishment when children misbehave. Many parents these days are fearful of using spanking as punishment, either because of the law or because they fear it teaches violence to their kids. Some professional organizations of physicians and psychologists have suggested that spanking is detrimental and leads to family violence and child abuse. They have suggested that spanking teaches physically aggressive behavior which the child will imitate. But does the research support these assertions? According to the National Institute for Healthcare Research, more than 80 percent of the professional publications attacking spanking were reviews and commentaries, rather than quantitative research. When analyzing the small portion of quantitative studies that included spanking, more than 90 percent of these studies lumped together mild forms of spanking with severe forms of physical abuse without discussing why they did so. Thus, the professional organizations which advocated outlawing spanking evidently made their decisions without the benefit of the facts. Mild spanking and severe child abuse are not the same thing. While spanking is not illegal, bruising or otherwise injuring a child is. But what about mild spanking as a corrective measure? Is it a good idea? Spanking works best when coupled with other disciplinary measures, such as "time out." Research regarding behavior modification of children ages 2 to 6 found that spanking a child two times on either the rear or thigh helped improve compliance with "time out" for misbehavior. These children were more likely to remain in their room after acting up if a potential spank followed if they left before the time was up. Furthermore, pairing reasoning with a spanking in the toddler years delayed misbehavior longer than did either reasoning or spanking alone. Reasoning linked with a spank was also more effective compared with other discipline methods. Talking with the child about what behavior is expected and why-with the potential of a follow-up spank-worked best. According to Physician
magazine, spanking should be used selectively for clear,
deliberate misbehavior, especially a child's persistent
defiance of a parent. It should be used only when the child
receives at least as much praise for good behavior as
correction for problem behavior. Verbal correction, time out
and logical consequences should be used initially, followed
by spanking when noncompliance persists. Only a parent
should administer a spanking, not another person. Spanking
should never be administered on impulse or when a parent is
out of control. Parents sometimes need a time out too.
Spanking is inappropriate before 15 months of age, should be
less necessary after 6 years, and rarely, if ever, used
after 10 years of age. Spanking should always be
administered in private. Appropriate spanking only leaves
temporary redness of skin, and never bruises or injures.
Spanking works, but must be used thoughtfully and carefully
in conjunction with other disciplinary measures.
Researchers from the University of Michigan studied more than 1,700 fathers of 1-year-olds and found that 7 percent of them reported a "major depressive episode" in the time since the birth of their babies. In many cases, the black moods apparently were taken out on the children, making it four times more likely that they had been spanked recently and half as likely that their dads read them stories on a regular basis, according to the paper in the April issue of Pediatrics. Pediatricians could play a bigger role in suggesting ways to combat fathers' postpartum depression, since about 77 percent of the fathers who were down said they'd talked to their baby's doctors in the past year. "Pediatric providers should consider screening fathers for depression, discussing specific parenting behaviors [e.g., reading to children and appropriate discipline], and referring for treatment if appropriate," wrote the authors led by Dr. R. Neal Davis. The new dads' experience with depression resembled that of new moms, as they were most likely to suffer symptoms within the first year of the child's life. Experts attribute the trend to fathers' increased role in child care. Though that heightened participation has been supported by the American Academy of Pediatrics, what's difficult is getting doctors to recognize postpartum depression in men and help them do something about it. Pediatricians need to "embrace paternal perinatal depression screening with the same vigor" they do with mothers, which could pose a challenge, wrote Dr. Craig F. Garfield of Northwestern University in Chicago and Richard Fletcher of the University of Newcastle in Australia in an editorial published with the study. "The field of pediatrics is now faced with finding ways to support fathers in their parenting role much in the same way we support mothers," they said. The latest research relied on interviews with 1,746 fathers of babies who were a year old. The data had been collected for a large-scale national study on families and children in the U.S. born between 1998 and 2000. About 7 percent of the men said they'd been very depressed at some point during the previous year. The sad fathers were more likely to be unemployed and have substance abuse problems, which probably contributed to their state of mind, according to the paper. But they were just as likely as the other fathers to have spoken to their child's pediatrician during the time period in question. Forty-one percent of depressed dads reported spanking their babies in the prior month, compared to only 13 percent of other fathers, and 41 percent of them said they'd read stories to their children at least three days a week versus 58 percent of the happier dads. Put another way, the depressed fathers were 62 percent less likely to say they'd read to their children at least three days a week and 3.92 times more likely to have spanked them in the past month. Both groups of fathers were equally likely to sing songs to their kids and play with them, the findings showed. The issue of spanking children has been hotly debated, but the researchers found it worrying that these babies were a year old or younger, at "a developmental stage when children are unlikely to understand the connection between their behavior and subsequent punishment and when spanking is more likely to cause physical injury." Postpartum depression occurs after the birth of a child and is typically accompanied by significant feelings of sadness, emptiness, anger, irritability and listlessness. Insomnia or sleeping too much are also common symptoms. Related: 'Significant'
Number of Dads Experience Postpartum
Depression
2:27
2:07
11:36
11:33 Arkansas County Court-at-Law Judge William Adams likely would have been charged with causing injury to a child or other assault-related offenses for the 2004 beating of his then-16-year-old daughter, but the five-year statutes of limitations expired, Rockport Police Chief Tim Jayroe said. "We believe that there was a criminal offense involved and that there was substantial evidence to indicate that and under normal circumstances ... a charge could have been made," Jayroe said. He said the district attorney determined he couldn't bring charges, and that police would discuss the case with federal prosecutors even though he doesn't believe federal charges would apply. Hillary Adams, now 23, posted the 8-minute clip on YouTube last week that shows her father viciously lashing her with a belt and trying to force her to bend over her bed to be beaten despite her wails and pleas to stop. The clip had received more than 2.4 million hits as of Thursday, and police began investigating Wednesday after hearing from concerned citizens. William Adams, 51, issued a three-page statement Thursday saying his daughter posted the clip to get back at him for telling her he would be reducing the amount of financial support he gives her and taking away her Mercedes. The statement did not include an apology for the beating, but he told Corpus Christi television station KZTV on Wednesday that the video "looks worse than it is," that he had already apologized to his daughter and that he was just disciplining his child for stealing. Hillary Adams says her parents were angry because she had downloaded pirated content online, and that she turned on the camera because she sensed something was going to happen. William Adams, who presides over child abuse cases, is still being investigated by the state's judicial conduct commission and the Texas Department of Family and Protective Services, which on Thursday requested that he be removed from its cases until the investigation concludes. Patrick Crimmins, a spokesman for the agency, declined to elaborate on the exact nature of the investigation. But he said that in general, the agency would only investigate a case in which a suspected abuse victim has already reached adulthood if there are still children in the home who could be at risk. Adams was granted joint custody of his 10-year-old daughter in his 2007 divorce. There are no allegations of alleged abuse by Adams against his younger daughter, who primarily resides with her mother, Hallie Adams. Crimmins declined to say whether his agency is investigating the parental fitness of Hallie Adams, who lashed Hillary once during the 2004 beating. Crimmins said his agency ordinarily wouldn't disclose that it is investigating someone, but that it did in this case because the investigation is the reason it requested that William Adams be taken off its cases. Jayroe said that police did not interview the younger daughter, but asked both Hallie and Hillary Adams about it and there was no indication of abuse of the younger daughter. In his statement Thursday, Adams said he would "respond" to all investigations. As Aransas County's top judge, he has dealt with at least 349 family law cases in the past year alone, nearly 50 of which involved state caseworkers seeking determine whether parents were fit to raise their children. County officials confirmed that Adams will not hear cases related to Child Protective Services for at least the next two weeks. And the top administrator in Aransas County cast doubt on whether Adams could credibly return to the bench. "I would think it would be very difficult," said Aransas County Judge C.H. "Burt" Mills Jr. "Personally I don't see how he can recover from this." If the judicial commission and police investigations don't lead to punishment or charges, Adams could be safe on the bench until he's up for re-election in three years. Hillary Adams said she waited so long to expose her father because she was terrified at what might have happened had she done so while still living under his roof. She said the outpouring of support and encouragement she's received since posting the clip is tempered by the sadness that it's her father repeatedly lashing her with a belt and threatening to beat her "into submission." During an interview with her mother Thursday on NBC's "Today" show, Hillary Adams said her father regularly beat her for a period of time. has repeatedly said she didn't post the clip to spite her father, and that she hopes it forces him to seek help. Her mother blamed her ex-husband's bouts of violence on an "addiction." She called it a "family secret," but declined to elaborate. In his statement, though, William Adams painted a starkly different picture of why his daughter posted the clip. "Just prior to the YouTube upload, a concerned father shared with his 23-year-old daughter that he was unwilling to continue to work hard and be her primary source of financial support, if she was going to simply `drop out,' and strive to achieve no more in life than to work part time at a video game store," Adams' statement said. "Hillary warned her father if he reduced her financial support, and took away her Mercedes automobile, which her father had provided, he would live to regret it." Hillary Adams did not immediately respond to email requests Thursday seeking a response. Associated Press writer Danny Robbins in Dallas contributed to this report. "We believe that there was a criminal offense involved and that there was substantial evidence to indicate that and under normal circumstances ... a charge could have been made," Jayroe said. He said the district attorney determined he couldn't bring charges, and that police would discuss the case with federal prosecutors even though he doesn't believe federal charges would apply. Hillary Adams, now 23, posted the 8-minute clip on YouTube last week that shows her father viciously lashing her with a belt and trying to force her to bend over her bed to be beaten despite her wails and pleas to stop. The clip had received more than 2.4 million hits as of Thursday, and police began investigating Wednesday after hearing from concerned citizens. William Adams, 51, issued a three-page statement Thursday saying his daughter posted the clip to get back at him for telling her he would be reducing the amount of financial support he gives her and taking away her Mercedes. The statement did not include an apology for the beating, but he told Corpus Christi television station KZTV on Wednesday that the video "looks worse than it is," that he had already apologized to his daughter and that he was just disciplining his child for stealing. Hillary Adams says her parents were angry because she had downloaded pirated content online, and that she turned on the camera because she sensed something was going to happen. William Adams, who presides over child abuse cases, is still being investigated by the state's judicial conduct commission and the Texas Department of Family and Protective Services, which on Thursday requested that he be removed from its cases until the investigation concludes. Patrick Crimmins, a spokesman for the agency, declined to elaborate on the exact nature of the investigation. But he said that in general, the agency would only investigate a case in which a suspected abuse victim has already reached adulthood if there are still children in the home who could be at risk. Adams was granted joint custody of his 10-year-old daughter in his 2007 divorce. There are no allegations of alleged abuse by Adams against his younger daughter, who primarily resides with her mother, Hallie Adams. Crimmins declined to say whether his agency is investigating the parental fitness of Hallie Adams, who lashed Hillary once during the 2004 beating. Crimmins said his agency ordinarily wouldn't disclose that it is investigating someone, but that it did in this case because the investigation is the reason it requested that William Adams be taken off its cases. Jayroe said that police did not interview the younger daughter, but asked both Hallie and Hillary Adams about it and there was no indication of abuse of the younger daughter. In his statement Thursday, Adams said he would "respond" to all investigations. As Aransas County's top judge, he has dealt with at least 349 family law cases in the past year alone, nearly 50 of which involved state caseworkers seeking determine whether parents were fit to raise their children. County officials confirmed that Adams will not hear cases related to Child Protective Services for at least the next two weeks. And the top administrator in Aransas County cast doubt on whether Adams could credibly return to the bench. "I would think it would be very difficult," said Aransas County Judge C.H. "Burt" Mills Jr. "Personally I don't see how he can recover from this." If the judicial commission and police investigations don't lead to punishment or charges, Adams could be safe on the bench until he's up for re-election in three years. Hillary Adams said she waited so long to expose her father because she was terrified at what might have happened had she done so while still living under his roof. She said the outpouring of support and encouragement she's received since posting the clip is tempered by the sadness that it's her father repeatedly lashing her with a belt and threatening to beat her "into submission." During an interview with her mother Thursday on NBC's "Today" show, Hillary Adams said her father regularly beat her for a period of time. has repeatedly said she didn't post the clip to spite her father, and that she hopes it forces him to seek help. Her mother blamed her ex-husband's bouts of violence on an "addition." She called it a "family secret," but declined to elaborate. In his statement, though, William Adams painted a starkly different picture of why his daughter posted the clip. "Just prior to the YouTube upload, a concerned father shared with his 23-year-old daughter that he was unwilling to continue to work hard and be her primary source of financial support, if she was going to simply `drop out,' and strive to achieve no more in life than to work part time at a video game store," Adams' statement said. "Hillary warned her father if he reduced her financial support, and took away her Mercedes automobile, which her father had provided, he would live to regret it." Hillary Adams did not immediately
respond to email requests Thursday seeking a response. |
Editor's
note: For the record, we do not support any spanking of
children and believe it should be treated as a Criminal
Offense.
