Child Abuse News: Indiana State Supreme Court Ruling

by JWC
(Canada)

Recently, I posted an article about how child abuse news stories in the media have a positive effect on changing laws (see post at Child Abuse News: Essential or Extraneous). A recent Indiana State Court Ruling, which I would not have known about except for child abuse news stories published on the Internet, indicates that there are laws out there that are still archaic in nature.

The Court ruled that a mother who made her 11-year-old son drop his pants and beat him with an electrical cord was not guilty of battery. Even though the boy had multiple bruises on his thighs, arm and buttocks, the judges ruled, "The (Indiana) Code does not explicitly demand that the use of force be reasonable. Second, under the Code, so long as a parent acts for the purpose of safeguarding or promoting the child's welfare (including the specific purpose of preventing or punishing misconduct), the parent is privileged in using force, unless the force creates a substantial risk of death or excessive injuries." They added that there was nothing in the record to indicate the boy's physical or mental condition, so one must assume because of this lack evidence in the record they could not find there was a "substantial risk of death or excessive injuries."

In my view, one must apply the law of common sense and recognize that the injuries suffered were indeed excessive. I sincerely hope this law is changed in order to protect the children of Indiana and that this child abuse news story turns out to be one that has a positive effect towards protecting children.

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