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Dr. Lorandos discusses defense strategy in cases involving physical abuse of a child

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Uploaded by on Jun 8, 2009

http://www.falsely-accused.net/

13.Dr. Lorandos discusses defense strategy in cases involving physical abuse of a child

I would like to discuss with you physical child abuse. At http://www.falsely-accused.net/ we know that nothing is more heart-wrenching than photographs of a young child who has been severely physically abused. They most often show large bruises, burns, welts, or scalding that brings tears and the urge to stop this type of torture even to the most hardened of investigators. Such disturbing photographs are also shown to legislators to help pass new laws to secure additional funding for social agencies.

AT http://www.falsely-accused.net/ we explain that when the public hears of physical child abuse, these are the very images that come to mind. In actuality, there are very few allegations of this type of serious abuse. In those rare cases of severe physical abuse, the physical evidence is often overwhelming and it proves that physical child abuse has occurred. The only time that a false allegation might arise is if the true perpetrator falsely accuses someone to avoid punishment. So where are all the allegations of physical child abuse coming from?

For centuries, in Judeo-Christian communities, parents have used physical discipline, or corporal punishment, as a means of teaching their children right from wrong. The Bible refers to such physical discipline in its warning, Spare the rod and spoil the child. However, shortly before World War II, this means of molding a childs moral character was challenged by a well known pediatrician, Benjamin Spock. He proposed positive reinforcement and nonphysical discipline as the more enlightened method of child rearing. Spocks methods were popular in more liberal circles and became the philosophical underpinning of social workers, child therapists, and child advocates. It still remains today as the foundation of training done by state agencies. More conservative parents, however, particularly those with fundamental religious beliefs, have long opposed Spocks ideas. That is why the fierce conflict between these two perspectives of handling children is still not resolved in the courts.

In response to the horrors of physical child abuse, many state legislators wrestled with how to define what constitutes such abuse in the early 1990s. Representatives were highly lobbied by both social workers who wanted corporal punishment outlawed and various Judeo-Christian groups who believed that it was their religious right to use corporal punishment. The end result was ambiguous statutes. Is it physical abuse if you spank your child on the back of the leg, rather than on the bottom? What age is appropriate for discipline? How does one define serious physical injury? Can a red spot caused by hand spanking be a serious physical injury? These are the terms found in many state statutes but none are properly defined. Therefore, the manner in which these statutes are being interpreted depends upon the child rearing perspective of the people enforcing them. For example, we have found that child protective services officials in many states generally interpret the use of any instrument on the child as physical abuse. For decades, however, mothers spanked their children with a wooden spoon in order that the mothers hand was not associated with inflicting pain. Does the spoon used with the same force as one might use a hand to spank a child constitute an instrument of abuse?

At http://www.falsely-accused.net/we explain that in many states, child protective services workers have taken children away from their parents for such disciplinary conduct. Our office has counseled many Judeo-Christian oriented parents who have raised their children with love tempered with physical discipline, only to be terrified by allegations made by child protective services or the police against them for child abuse.

Since child protective services as a group is against corporal punishment in any form, they are very liberal in interpreting corporal punishment as child abuse. They can use their power to seize children and can request the police to make an arrest for child abuse. The police and prosecutors are not so uniform in their interpretation. Each officer, each department, and each DAs office has a different view of what is legal corporal punishment and what is not. However police and prosecutors tend to ignore the perspective of some Judeo-Christian oriented families who feel it is their right to use corporal punishment for discipline.

http://www.falsely-accused.net/

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  • Finally, it's important for all Americans to understand that courts have sided with the schools whenever something like this happens and have at times, punished the victim. Look this story up, "Texas Judge Finds No Real Injuries." Although a teacher beat him so bad with a broken chello, that he literally beat the crap out of him. Yes, he deficated on himself. The judge called it a waste of his time.

  • Well sir, I have to say that some of your claims are false. In some states, where states have granted government agents to use corporal punishment. Primarly in schools. In most states, teachers and principals are immune from child abuse charges, although obvious signs have been exhibited. In fact, state agents such as scoial services, CPS, etc are not allowed to investigate such claims due to the immunity laws in these states.

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