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Naples Man Cleared of Child Abuse for Spanking Teen Daughter
AP ^ | August 7, 2003 | Associated Press

Posted on 08/07/2003 9:56:43 AM PDT by 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.


TOPICS: Culture/Society; News/Current Events; US: Florida
KEYWORDS: discipline; parenting
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To: Lucas McCain
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!

21 posted on 08/07/2003 11:07:58 AM PDT by gr8eman
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To: Paradox
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.

22 posted on 08/07/2003 11:09:21 AM PDT by lepton
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To: steplock
Some of these Prosecutors and Judges need spankings.
23 posted on 08/07/2003 11:13:38 AM PDT by ZULU
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To: ZULU
Some of these Prosecutors and Judges need spankings
Um..be careful here..they might LIKE it.
24 posted on 08/07/2003 11:25:21 AM PDT by stylin19a (is it vietnam yet ?)
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To: LiberalSlayer99

25 posted on 08/07/2003 11:27:24 AM PDT by steplock (www.FOCUS.GOHOTSPRINGS.com)
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To: steplock
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.

26 posted on 08/07/2003 11:45:00 AM PDT by GladesGuru (In a society predicated upon liberty, it is essential to examine principles - -)
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To: lepton
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).

27 posted on 08/07/2003 12:12:36 PM PDT by tbpiper
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To: trebb
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."

28 posted on 08/07/2003 12:25:41 PM PDT by LiteKeeper
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To: Paradox
***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.
29 posted on 08/07/2003 12:32:42 PM PDT by kitkat
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To: LiberalSlayer99
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.
30 posted on 08/07/2003 12:34:04 PM PDT by MattAMiller
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To: lilylangtree
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".
31 posted on 08/07/2003 12:37:48 PM PDT by BSunday
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To: lepton
Your post #22 is well said.
32 posted on 08/07/2003 12:37:56 PM PDT by kitkat
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To: ctlpdad
Lighten up looser

Yeah, don't be so series!

33 posted on 08/07/2003 12:40:44 PM PDT by BSunday
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To: Amazon Anne
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.
34 posted on 08/07/2003 12:41:26 PM PDT by kitkat
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To: gr8eman
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?

35 posted on 08/07/2003 12:43:01 PM PDT by BSunday
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To: Paradox
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.

36 posted on 08/07/2003 12:46:41 PM PDT by najida (What handbasket? And where did you say we were going?)
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To: najida
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.
37 posted on 08/07/2003 12:50:01 PM PDT by exile (Exile)
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To: LiteKeeper
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.

38 posted on 08/07/2003 12:51:35 PM PDT by trebb
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To: exile
Hey,
I understand....
My dad father shouldn't have been given a belt, much less fatherhood....

My mother, OTOH, could discipline with a glance.
39 posted on 08/07/2003 12:51:40 PM PDT by najida (What handbasket? And where did you say we were going?)
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To: najida
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.

40 posted on 08/07/2003 12:56:37 PM PDT by strela ("Each of us can find a maggot in our past which will happily devour our futures." Horatio Hornblower)
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