The child abuse laws across the United States provide harsh punishments for individuals that cause any form of psychological or physical harm to a child under the age of 18. If children under the age of 18 are abused or neglected, the state will intervene and remove the child or young adult from the abusive environment. Children experiencing abuse will be processed by the state in attempts to remove the child and place them in a suitable relative’s home. If the state fails to find a suitable home with a family relative or close family friend, the state will place the child under foster care services. Once placed under foster care the child becomes the responsibility of the state until he or she is adopted or until he or she reaches adulthood.
In 2014, the Children’s Bureau under the Department of Health and Human Services reported 702,000 child abuse cases that took place across the United States. Out of the number of reported child abuse cases, about 1,580 cases resulted in death due to abuse and/or neglect. Child abuse cases aren’t always reported which means the number of victims could be significantly greater.
With the number of reported child abuse cases, there are multiple reasons as to why you should report any suspicion of child abuse. Victims of child abuse are more likely to encounter psychological traumas which affect their behavioral development. Children who are abused or neglected are also more likely to mistreat their children and pass on this vicious cycle of abuse to the next generations. Child abuse and neglect not only affect the individual but it has an impact on society making it a serious public health concern.
In tackling this public health concern, the federal government and state have passed laws and programs that attempt to rehabilitate individuals who have been abused. In addition, the state and federal measures provide guidelines for reporting a child abuse or neglect case. In places like California and other states, certain individuals who work with or around children are required by the state law to report any suspicion of child abuse. The “mandated reporter” is required by law to report suspicion of child abuse or neglect, failure to do so can result can have legal repercussions depending on the facts of the case.
Whether you are a mandated reporter or not, we all have the responsibility to report any instance of child abuse or neglect. If you are a victim or if you have a suspicion of child abuse, please contact the child abuse hotline 1-800-422-4453 or 1-800-4-A-CHILD. You can help reduce the number of child abuse victims by reporting any suspicion of child abuse to the child welfare services or local law enforcement agencies.
The following will include topics that pertain to child abuse. If you need legal representation or if you wish to consult your case to a family law expert, please contact the San Diego Family Law Attorney at 619-610-7425. We are ready to assist your case and provide legal guidance upon reviewing your account.
Child Abuse Felony vs Child Abuse Misdemeanors
e accused of child abuse, and you are found guilty, you will either be charged with a felony or misdemeanor. The difference between the two can be the difference between spending a year in prison to spending a lifetime behind bars. Not every child abuse case ends in a felony conviction, the court will take into account all of the factors in the case and will determine the right type of punishment for the case. The charges will usually depend on the cruelty of the crime.
How are charges placed in child abuse cases?
When you are charged with a child abuse crime you may be charged for the following reasons:
- Threatening a child: most states acknowledge that threats to a child can be charged with child abuse. Threats create a hostile environment that can result in psychological (emotional) abuse.
- Physical aggression: the law establishes that any intended physical attack on a minor is a form of child abuse. Physical abuse is looked down upon and depending on the severity of the case, the abuser may have their parental rights terminated.
- Harsh Discipline: courts understand that discipline is different in every home and provides that parents are capable of using ‘reasonable’ or justifiable actions to discipline. However, the court will also consider the best interests of the child and determine a verdict based on the severity of the situation
- Sexual abuse: as with physical aggression, the law provides harsh punishments for individuals who engage in sexual physical contact with a child or young adult. Individuals who are convicted of a sexual abuse charge, are looking to serve a hard time behind prison bars.
Depending on the severity of the situation mentioned above, individuals who are convicted of such crimes will usually be penalized with confinement, fines, probation, restraining orders and other penalties. If you are charged or convicted of a crime mentioned above, you will want to discuss your case with a law professional.
The child abuse laws differ by state but it is clear that child abuse allegations are very serious in a court of law. If proven guilty, depending on the case, you may be charged with more than ten years in prison and when child abuse results in death, the penalties can be even greater. The following cases will highlight how courts engage with child abuse victims and culprits.
Ahman Green Ex-Green Bay Packer Charged with a Child Abuse Felony
The former running back for the Green Bay Packers, Ahman Green 41, was charged with a felony for child abuse and unlawful behavior. Mr. Green’s allegations started in June 2017 when he was charged with having punched his fifteen-year-old daughter in the face. The offense resulted in an arrest where he was later charged in the court of Wisconsin by Circuit Court Judge John Zakowski. Ahman stated that his behavior was justified by his means to discipline his daughter when she refused to clean up the dishes.
The allegations were pursued and eventually, Ahman was charged with a fee of $500 and a probation sentence of 18 months. While the child abuse felony was dismissed, Ahman entered an 'Alford Plea' where the individual recognizes that his actions can result in a conviction. Ahman was charged with two misdemeanors for damages and disorderly conduct. Ahman released a statement where he explains that though he would like to contest the misdemeanors, he felt that a court trial would cause too much of a burden on his family and so he accepts the consequences of the misdemeanors.
Ahman Green's case resulted in the felony case being dismissed while he was charged with lesser penalties for entering an Alford Plea. Ahman’s case resulted in no conviction and the ex-NFL star was able to keep his name clean from a child abuse felony conviction.
26 Year Old Milwaukee Man Sentenced to Seven Years in Prison
On the other hand, the following case will highlight the full force of the law when an individual is convicted of a child abuse felony. In Milwaukee, Wisconsin a 26-year-old man was charged with a felony for abusing and bruising his 21-day old daughter. Joshua Viane is being charged with felonies for intentionally causing severe physical harm to his daughter.
Joshua Viane explains that after a long night of drinking, he woke up the next morning and changed his daughter's diaper when he felt the urge to tightly squeeze his baby. Reports say that his baby was squeezed with enough force that it caused her eyes to become bloodshot. Later, the medical exams found that the babies private parts were bruised and that some of her ribs were fractured. The claims say that on top of bruising the baby, Joshua was sticking his fingers down the babies throat.
This case resulted in Joshua being sentenced to seven years in prison with a six-year probation period for child abuse. Joshua’s bail was set at $100,000 in 2015. Despite having claimed mental illness, it was not enough to deter the conviction.
Oklahoma Couple Sentenced to 130 Years in Prison
Dubbed the ‘worst case of child abuse’, Oklahoma couple faces a sentence of 130 years in prison each for charges of extreme child neglect. Aislyn Miller age 24 and Kevin Fowler age 25 were charged for neglecting their children, putting their interests above their twin 9-month-old daughters. The children reports claim that the house was filthy with cat fecal matter smeared on the walls and maggots found on the twins play area.
The court charged the couple for five accounts of child neglect on November 2017, explaining that the first four would amount to 30 years each and the fifth account would amount to 10 years. Aside from maintaining a safe and clean environment for their twins, the couple was also charged with starving their children to near death. When the law enforcement agencies found the two 9-month-old twins, they weighed around 8 pounds, the average weight of a newborn child. Police reports explain that the children were facing life-threatening conditions and that the twins resembled skeletons.
Helping a Child Abuse Victim
Children are very vulnerable individuals that know very little about what is going on in their surroundings. In many cases despite being beat or abused, children will stay quiet in fear that if they speak out their punishments will worsen. This fear keeps many cases from being reported to law enforcement departments allowing many to get away with child abuse crimes. If you suspect that someone is being abused, you are encouraged to speak out about the situation and seek the attention of a law enforcement agency. In many cases, you are capable of anonymously reporting a case.
In some cases, the best aid for children victims of child abuse is through the help of mandated reporters and other individuals who are capable of spotting when a child is undergoing neglect or abuse.
Whether you are a mandated reporter or not, if you have a suspicion of neglect or child abuse, your first option should be to contact your local law enforcement agency or contact the Childhelp National Child Abuse Hotline. The hotline is serviced 24/7 meaning that there is always someone there to walk you through the reporting procedure. You may contact the child abuse hotline at 1-800-422-4453 or 1-800-4-A-CHILD. The hotline will connect you with the local social service of your area or state.
What is a mandated reporter and what is the difference from a “permissive reporter”?
Mandated reporters are individuals who are part of a profession that obligates them by law to report any suspicion of neglect or child abuse. Mandated reporters tend to be individuals who are constantly around or working with children and young adults. In contrast to mandated reporters, a permissive reporter is anyone reporting a child abuse case, but who is not required to do so based on their profession. In 18 states, there are laws that obligate anyone who has a suspicion of a child abuse case to report as ‘permissive reporters’ despite their profession. While state law differs, you are most likely a mandated reporter if you are a:
- Foster Parent
- School representative: admissions staff, teachers, teacher assistant, lunch aid, and other personnel within a school.
- Health professionals including doctors, nurse, dentists, and all medical and dental assistants
- Individuals who work with families: social workers, therapists, and other psychologists
- Law enforcement officers
In most cases, if you are around children you will be required to undergo a ‘mandated reporter’ training session where you will learn how to spot if a child is being neglected or abused. Mandated reporters have the legal obligation to report any suspicion of child abuse and/or neglect. Failure to fulfill the obligations of a mandated reporter will usually result in a misdemeanor. However, if the child abuse case results in death as a result of abuse or neglect, you may face greater legal repercussions for failing to report the incident to a law enforcement or child welfare agency.
If you are a victim of child abuse or you are being accused of a child abuse crime, you may contact the San Diego Family Law Attorney at 619-610-7425
