Recent high-profile child abuse case revives question as to where to draw the line between discipline and abuse.
Minnesota Vikings running back Adrian Peterson made headlines and sparked debate when he was arrested on charges of child abuse for allegedly hitting his 4-year-old son with a switch.
At first the Vikings seemed fairly sympathetic towards Peterson, who was initially reinstated after missing just one game. However, in the wake of public outcry against such a soft response, the Vikings have since placed Peterson on the exempt list, effectively banning him from play until the resolution of his case.
It’s hardly surprising that people are having wildly different reactions to this case. For many Americans, corporal punishment, including spanking, whipping, and hitting with switches, is a traditional and acceptable form of discipline, while for others it seems like abuse.
Attitudes have been changing about corporal punishment in recent years, with 70 percent of Americans thinking spanking is acceptable in 2012 compared to 84 percent in 1986, according to data from the University of Chicago’s General Social Survey. However, spanking continues to be more popular among certain groups. For example, African-Americans are 11 percentage points more likely to view spanking as acceptable than whites. Born again Christians lead other religious groups by 15 percentage points, while southerners lead other regions by 17 percentage points.
Demographics in California make our state somewhat less inclined to view spanking as favorably as other states. However, state law does permit for “reasonable disciplinary action” to be carried out upon children. According to child abuse experts in the state capital, spanking which is done with an open hand striking the buttocks is legal unless other extenuating circumstances apply.
The Los Angeles County Department of Children and Family Services offers some advice for helping to determine if a given instance of corporal punishment is actually child abuse. According to their website, discipline should be thought of as a reasonable punishment that is done to help the child change their behavior. It should be done in the “calmness of conviction” when the child has violated a clear rule, not arbitrarily or in anger. Indeed, abuse is more likely to be done to satisfy the needs and emotions of the parent rather than for the good of the child.
If the corporal punishment leaves a physical injury such as a bruise, or was done specially to terrorize and emotionally torment a child, it could be argued that it was child abuse.
Considering the potential ambiguities of the law here, it is absolutely critical to retain an experienced attorney if you are ever charged with child abuse.