Child abuse, put simply, is any action, or lack of action, by someone that causes harm, potential harm, or a threat of harm to a child. This includes physical harm like hitting, emotional harm like yelling or belittling, sexual harm, or neglect, like not providing food or shelter. Unfortunately, most cases of child abuse happen within the family.
The Harm Legislatures Seek to Prevent
Child abuse laws exist to protect one of society’s most vulnerable populations: children. Their development, both physically and emotionally, can be deeply affected by traumatic experiences. The harm extends beyond the immediate pain or fear. Child abuse can lead to long-term psychological, emotional, and physical problems. For instance, abused children may experience anxiety, depression, or even develop post-traumatic stress disorder (PTSD).
Lawmakers understand the profound impact of abuse on children’s future lives. For instance, children who suffer abuse may struggle with forming healthy relationships in adulthood, and they might face difficulties in their education and careers. In severe cases, the traumatic experience can lead to substance abuse or even criminal behavior in adulthood.
Legislatures aim to prevent these dire consequences. By imposing legal penalties for child abuse, the law serves as a deterrent, sending a strong message to society that harming a child is one of the gravest offenses and will not be tolerated.
Classification in Legal Codes
Child abuse is typically classified as a felony in most legal codes, but the severity can vary based on the nature and extent of the harm. While an isolated incident may be considered a lower-degree felony or even a misdemeanor in some jurisdictions, repeated or extreme abuse, especially if it results in serious bodily injury or death, is categorized as a higher-degree felony.
Broader Categories of Criminal Offenses
Child abuse fits into several broader categories of criminal offenses. It can be classified as a crime against persons, especially when it involves direct physical or emotional harm. At the same time, neglect can be viewed as a crime against the child’s well-being or welfare. In cases of sexual abuse, it is, of course, considered a sexual crime.
Historical Context of Child Abuse
The concept of child abuse has deep historical roots, although societal perspectives on it have evolved significantly.
Ancient codes, like the Code of Hammurabi (circa 1754 BC), provided some protection for children but often viewed them as property. The value placed on children was primarily based on their utility or their future contributions to the family or society.
The English common law, from which much of the modern Western legal systems have evolved, was more explicit about the rights of children. Sir William Blackstone, a renowned 18th-century English jurist, highlighted in his Commentaries on the Laws of England the responsibility of parents to provide for their children. He wrote about a parent’s “duty of maintenance” and “duty of protection.”
Despite these early laws, child abuse was not addressed with the specificity or severity it deserved until more modern times. For centuries, parents had an immense amount of discretion in how they disciplined their children. Physical punishment was often considered a parental right and necessary for a child’s moral development.
However, as societal views evolved, especially during the 19th and 20th centuries, legal systems worldwide began to recognize the rights of the child as an individual. Abuse that would have once been deemed permissible was no longer tolerated. This shift was supported by numerous scholarly writings, psychological studies, and increasing public awareness campaigns.
Model Penal Code (MPC) Definition of Child Abuse
The Model Penal Code (MPC), a guide for state legislatures in codifying criminal law, provides specific criteria and definitions for numerous offenses, including child abuse.
Definition and Key Sections of the MPC
Under the MPC, child abuse is delineated with precision. While not all states have adopted the MPC verbatim, many have taken guidance from its clear and comprehensive provisions. Section 230.3 of the MPC addresses the crime of “Endangering Welfare of Children.” It states:
- A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he knowingly endangers the child’s welfare by violating a duty of care, protection, or support.
- A person commits a felony of the third degree if he or she knowingly violates subsection (1) and as a result, causes bodily injury to a child under 18, or if the person’s conduct creates a substantial risk of death or serious bodily injury.
This section of the MPC emphasizes not just the act of causing harm but also the risk created by potential harm. The MPC also touches upon neglect, indicating that a failure to act, if it results in endangering a child, is equally punishable.
Defenses Mentioned in the Penal Code
The MPC does recognize specific defenses in the context of child abuse. One primary defense is the absence of knowledge. If the defendant can demonstrate that they genuinely did not know that their actions (or lack thereof) would endanger the child, they may be exonerated or face reduced charges. Additionally, the MPC provides for a defense based on religious beliefs in certain circumstances. For instance, if parents deny medical treatment for a child based on genuine religious beliefs, they might avoid legal consequences, unless the child’s life is in clear and imminent danger.
Elements of the Crime
Child abuse, as defined by the MPC and many state penal codes, comprises several distinct elements:
- Mens Rea (Guilty Mind): The offender must knowingly endanger the child’s welfare. This means they were aware of their actions and the potential consequences.
- Actus Reus (Guilty Act): There must be a concrete action or omission that endangers the child’s welfare, be it physical, emotional, or through neglect.
- Concurrence: The mens rea and actus reus must coincide. This means the offender’s guilty mindset and the guilty act must happen concurrently.
- Causation: There should be a direct link between the offender’s actions (or omissions) and the harm or potential harm to the child.
- Harm: This can range from actual physical injury to psychological trauma or the risk thereof.
- Attendant Circumstances: These are specific conditions or facts surrounding the offense, such as the age of the child or the relationship between the child and the offender.
Summary
Child abuse encompasses actions or inactions that inflict or risk harm to a child, ranging from physical to emotional, sexual, or neglect. Surprisingly, a majority of these incidents occur within familial settings. Legislatures globally have identified the dire, long-term impacts of child abuse, such as PTSD or challenges in adulthood, and have put laws in place to deter such heinous acts. Classified mostly as a felony, the severity varies based on the nature of abuse. Historically, perspectives on child abuse have evolved. Ancient legal codes, like Hammurabi’s, did offer some protection but also saw children as assets. The English common law was more explicit about children’s rights, with scholars like Blackstone emphasizing parental responsibilities. Still, the real shift towards recognizing child abuse and the rights of children didn’t occur until the 19th and 20th centuries, influenced by academic writings and public awareness.
The Model Penal Code (MPC) has been influential in codifying child abuse, specifying criteria and definitions. According to the MPC’s Section 230.3, endangering a child’s welfare, either through actions or neglect, is punishable. There are defenses, such as lack of knowledge or religious beliefs, though they have their limits. For a case to qualify as child abuse, several legal elements must be present, including intent, the act itself, its timing, the direct cause, the resulting harm, and specific circumstances surrounding the incident.
References
- Blackstone, W. (1765-1769). Commentaries on the Laws of England (Vols. 1-4). Oxford: Clarendon Press.
- Code of Hammurabi.
- Model Penal Code (1985). Endangering Welfare of Children, § 230.3. The American Law Institute.
Modification History File Created: 07/17/2018 Last Modified: 10/11/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
