Naples Man Cleared of Child Abuse for Spanking Teen Daughter

AP ^ | August 7, 2003 | Associated Press

[LiberalSlayer99]

Naples Man Cleared of Child Abuse for Spanking Teen Daughter

NAPLES, Fla. (AP) - A 43-year-old man has been acquitted of child abuse for spanking his teenage daughter with a belt. A jury took less than an hour Wednesday to find William O'Brien, of Naples, innocent of felony child abuse.

"I'm happy with the outcome," O'Brien said after hugging his wife and 14-year-old daughter.

O'Brien said he swatted his daughter, who was 13 at the time, once with a belt in May 2002 after she cursed at her mother.

O'Brien said he ordered his daughter to her room and warned her not to come out or he would spank her. After she stormed out of her room and slammed the door, he said he hit her once with a belt.

School friends talked the teen into reporting what happened the next day. She told a school nurse, who reported the incident to case workers with the state Department of Children & Families, O'Brien said.

O'Brien, a financial consultant, was arrested six months later.

Although prosecutors offered to reduce the charge to a misdemeanor, O'Brien said he felt compelled to fight the felony charge that carries a maximum five-year prison sentence and a $5,000 fine.

"I certainly think to not fight this would have set a bad precedent for parents trying to raise children in today's times," he said.

Defense attorney Donald Day said "the state did more harm to this child than the spanking ever did" by charging O'Brien and insisting on a jury trial.

Assistant State Attorney Steve Maresca said the state didn't think it could get a conviction without a jury trial. He also stood by the charge.

"Should you be able to leave a mark on a child that lasts a week?" he asked.

[gr8eman]

By the way, his daughter, who is now fifteen was in the high school Bible class I taught last night. She happily announced to the class that her Dad was "not guilty."

Read this...think about it for a while, and you will realise how pathetic it really is!

[lepton]

On the other hand, shouldn't there be some kind of limit, and if so, where do we draw the line?

Legally? No permanent scarring, nor any maiming, nor deep bodily injury of any sort.

Wisely? You do what is neccessary, out of duty and love and not anger, and no more.

Spanking has different effects on different kids at different times of their lives. Some kids need their butt to remind their brain that they shouldn't do something. Some kids need the spanking to remember the words. Some kids are spurred to open and determined rebellion by the spanking. Some children are fully handled by a look of disappointment. Some kids need to be spanked to save their lives. Trying to make any further law than the no-maiming one, is ridiculous.

[ZULU]

Some of these Prosecutors and Judges need spankings.

[stylin19a]

Some of these Prosecutors and Judges need spankings
Um..be careful here..they might LIKE it.

[steplock]

[GladesGuru]

I beg to disagree - filing suits against the prosecutor and the school system only enriches lawyers and adds to the taxpayers burden.

In the interests of economy, may I suggest caning all 'crats involved, and the lawyer?

It could hurt (the taxpayer, that is) and it might prevent future problems.

[tbpiper]

As I recall, Janet Reno had a conviction rate of less than 3% when you counted original charges.

You can't convict them if you kill them first (kneejerk, obtuse reference to Waco).

[LiteKeeper]

I think it's part of NAMBLA's charter.

Proverbs 23:13 "Do not hold back discipline from the child, Although you strike him with the rod, he will not die."

Proverbs 29:15 "The rod and reproof give wisdom, But a child who gets his own way brings shame to his mother."

[kitkat]

***On the other hand, shouldn't there be some kind of limit, and if so, where do we draw the line?***

It's very simple. You draw the line this way: If it leaves a mark for a few weeks, it's okay. If you INJURE the child beyond a mark which will self heal, then it's WRONG. Of course, that's a parent's viewpoint, not the liberal's law.

[MattAMiller]

I'm not opposed to spanking, but I don't think it's the best option for most kids in most situations. My parents usually just used lectures, which worked just fine for me.

Kids are different but most of the time most kids want to keep their parents happy.

[BSunday]

It actually says Whoever spareth the rod hateth his son.: Also there is another proverb which goes something like "Foolishness is bound up in the heart of a child, but the rod of correction will drive it far from him".

[kitkat]

Your post #22 is well said.

[BSunday]

Lighten up looser

Yeah, don't be so series!

[kitkat]

Since you just signed up today, perhaps you didn't realize that calling someone, "a sick, sick puppy," in a non-joking way, is considered a strong insult.

I suspect the poster was joking. I'd give him the benefit of the doubt.

[BSunday]

Read this...think about it for a while, and you will realise how pathetic it really is!

Explain to me how it is pathetic that the young lady realized she was wrong and was happy that her father was acquitted. Have you never done something you regretted?

[najida]

On the other hand, shouldn't there be some kind of limit, and if so, where do we draw the line?

I too, am not fond of spanking, but it is necessary in some situations. The line (to me) being keeping it as a punishment of humiliation, where the adult is in control and not in a blind rage.

[exile]

A spanking? I wish I was just spanked when I was a kid. My mother once put me through a window. But I turned out ok, except for the voices.

[trebb]

Proverbs 23:13 "Do not hold back discipline from the child, Although you strike him with the rod, he will not die."

Yes - my comment was just a sick jab at a sicker organization - I whole-heartedly agree with the Proverbs.

[najida]

Hey,
I understand....
My dad father shouldn't have been given a belt, much less fatherhood....

My mother, OTOH, could discipline with a glance.

[strela]

My mother, OTOH, could discipline with a glance.

Mine preferred a switch cut from one of the peach trees in our back yard. She must have been an 18th Century boatswain's mate in the Royal Navy in a previous life or something.