In certain circumstances, a parent, or one standing in "loco parentis "(such as a teacher), can raise the defense of "parental privilege" and claim that they had the right to reasonably discipline a child under their authority. The question of how a parent disciplines a child (such as through spanking or threat of spanking), however, is often the subject of many child abuse cases.
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Parents are generally free to discipline their children in any manner they choose, so long as the discipline is reasonable and causes no bodily injury. This line of child abuse defenses is essentially focused on the question of causation and whether the person accused of child abuse was responsible - or legally culpable - for the actions that caused harm to the child in question. For example, one type of disease called "brittle bone disease" has been raised as a defense to show that one's injuries were the result of a disorder that causes a child's bones to break easily, and not a result of child abuse. Sometimes parents are falsely accused of child abuse based on non-accidental situations, such as when a child fights with another child and gets injured or when a child has a pre-existing medical condition that contributes to their own injuries. When a child's injuries are a result of an accident, a person may raise this as a defense against child abuse charges but courts are split as to whether to prosecute parents who accidentally cause harm to a child when acting with negligence (such as leaving a sleeping baby in a car alone on a hot day). Examples of true accidents may include pushing your child on a bike and causing them to fall and scrape their knees or unknowingly slamming your toddler's hand in the door. Most state child abuse laws don't punish accidents, unless the accident was a result of recklessness or gross carelessness. Injury Due to Something Other Than Child Abuse Although sometimes difficult to prove, the best strategy to defend false child abuse charges is to aggressively counter-attack allegations and show proof of the lie or similar wrongful conduct by the accuser.
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False accusations of child abuse are more common than most people think, especially in dysfunctional families or between parents who are involved in a difficult child custody battle. False AllegationsĪ common defense to child abuse charges is to say that the child abuse allegations are false. While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused.īelow are some of the more common child abuse defenses that a person may assert when facing child abuse allegations. Combine that with the media's negative depiction of child abuse offenders and it may seem impossible to overcome the harsh realities of a child abuse allegation. Defending yourself against a child abuse charge can be difficult especially if it involves the testimony of a child.