NCJ Number
60501
Journal
American Journal of Criminal Law Volume: 7 Issue: 2 Dated: (JULY 1979) Pages: 141-169
Date Published
1979
Length
29 pages
Annotation
SPECIFIC STATUTES CRIMINALIZING CHILD ABUSE ARE NEEDED TO INDICATE WHEN THE COURT HAS AUTHORITY TO INTERVENE IN FAMILY AUTONOMY AND ALSO TO EXERT A GENERAL DETERRENT EFFECT ON PARENTS.
Abstract
DESPITE THE COST AND DIFFICULTIES OF ENFORCEMENT INHERENT IN A SPECIFIC CHILD ABUSE CRIMINALIZATION STATUTE, THE BENEFITS MAKE SUCH LEGISLATION DESIRABLE. AT PRESENT, MANY JURISDICTIONS PUNISH CHILD ABUSE UNDER GENERAL CRIMINAL STATUTES. THIS MEANS THAT THE ABUSING PARENT CAN OFTEN PLEAD THAT THE COURT IS DISTURBING FAMILY AUTONOMY. THE DOCTRINE OF FAMILY AUTONOMY HAS BEEN SUCCESSFULLY INVOKED IN CASES OF SEVERE PHYSICAL PUNISHMENT, AND THE EFFECT HAS BEEN TO ALLOW THE PARENT TO INFLICT ALMOST ANY SERIOUS PHYSICAL INJURY OR DISFIGUREMENT SHORT OF DEATH. IF THE PHYSICAL ABUSE OF CHILDREN IS DEFINED IN A SEPARATE STATUTE, THE LAW CAN HAVE A DETERRENT EFFECT. THERE ARE COSTS INVOLVED WHEN CHILD ABUSE IS CRIMINALIZED, HOWEVER. THE CHARGES ARE OFTEN DIFFICULT TO PROVE, THE FILING OF CHARGES MAY HAVE A DETRIMENTAL EFFECT ON THE FAMILY, MAKING THE PARENT SO HOSTILE THAT TREATMENT IS REFUSED, AND THE FEAR OF PROSECUTION MAY DETER THE PARENT FROM SEEKING MEDICAL HELP FOR THE CHILD. THE BEST SOLUTION MAY BE TO HAVE THE STATUTES AVAILABLE BUT TO PROSECUTE ONLY WHEN NO HELP CAN BE PROVIDED TO THE FAMILY OR CHILD. MEANWHILE, THE ILLEGALITY OF CHILD ABUSE CAN BE PUBLICIZED TO SERVE AS A DETERRENT. FOOTNOTES AND REFERENCES ARE INCLUDED. (GLR)