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    Sanjay Persad's Avatar
    Sanjay Persad Posts: 110, Reputation: 0
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    #1

    Sep 22, 2007, 07:09 AM
    Child abuse
    A 12 year old boy told his teacher that his father beat him with a nylon clothesline. This in Canada. The police arrested the father and charged him with assault. The father said he was a devout Christian and followed the Biblical injunction, "Spare the rod and spoil the child." If you were the Judge would you say he was guilty of assault?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #2

    Sep 22, 2007, 07:42 AM
    Yes.
    Sanjay Persad's Avatar
    Sanjay Persad Posts: 110, Reputation: 0
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    #3

    Sep 22, 2007, 08:44 AM
    Yes but why?
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #4

    Sep 22, 2007, 09:24 AM
    Sanjay, you asked a simple question and I answered it simply. You should have stated you wanted a respondent to give further explanation in your original post.

    Merely quoting biblical scripture isn't an excuse for a man to "beat" his son with a nylon clothesline, in the eyes of the law. A court judge is required to interpret the civil laws as written, not biblical law.

    Is this a homework assignment for you or are you merely curious as to what people would think? If you are interested in a more thorough discussion about this, why don't you pose the question under Christianity or Family Law? You will get a lot of feedback and create an interesting discussion. Just keep in mind that in each forum, you will receive completely different responses to your question.
    Sanjay Persad's Avatar
    Sanjay Persad Posts: 110, Reputation: 0
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    #5

    Sep 22, 2007, 09:56 AM
    Ok Thanks
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    Sep 22, 2007, 10:05 AM
    If I was a judge I would say he was guilty without any explanations.It is forbidden to beat children and that is the law.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Sep 22, 2007, 10:12 AM
    There has been previous precedent that one can't violate secular laws in favor of relgious ones.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #8

    Sep 23, 2007, 07:02 AM
    I live in Ontario and I haven't read or seen this article. There is a law against abuse and the father will be charged here. It is the judge's obligation to uphold laws where children are abused in any way. In fact, the father may have his child taken away from him by the Children's Aid Society if it is found this abuse has been ongoing.

    The father's reasons don't enter into this, it is child abuse.
    Sanjay Persad's Avatar
    Sanjay Persad Posts: 110, Reputation: 0
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    #9

    Sep 23, 2007, 07:04 AM
    It's a law assignment from my textbook. I'm trying to gather some ideas so I can write up my views.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Sep 23, 2007, 07:11 AM
    First, please stop reposting the same question. Your duplicate postings have been deleted and any response merged into this one thread. Further attempts to repost this same question may result in a temporary ban.

    Second, we don't generally do people's homework for them. So your not identifying this as a homework question was unethical.

    Finally, my answer was the clue you really needed. From there you need to do your own research for case law that proves that relgious "rules" do not override secular ones.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #11

    Sep 23, 2007, 08:52 AM
    Scott is right Sanjay. We have rules here regarding homework assignments and I am very annoyed that you didn't identify this as one when I specifically asked you. Highly unethical behavior if you are considering practicing law. AND, our views should not be translated into your views. As Scott so aptly points out, this is about case law and precedents. Personal viewpoints will get you an "F" in your assignment. You need to do some research and cite specific cases that will back up your argument as to whether you feel this man is guilty. Critical thinking and research is what this question is about. Opinion is not what your instructor is looking for from you.
    MOWERMAN2468's Avatar
    MOWERMAN2468 Posts: 3,214, Reputation: 243
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    #12

    Sep 23, 2007, 09:04 AM
    Quote Originally Posted by RubyPitbull
    Sanjay, you asked a simple question and I answered it simply. You should have stated you wanted a respondent to give further explanation in your original post.

    Merely quoting biblical scripture isn't an excuse for a man to "beat" his son with a nylon clothesline, in the eyes of the law. A court judge is required to interpret the civil laws as written, not biblical law.

    Is this a homework assignment for you or are you merely curious as to what people would think? If you are interested in a more thorough discussion about this, why don't you pose the question under Christianity or Family Law? You will get a lot of feedback and create an interesting discussion. Just keep in mind that in each forum, you will receive completely different responses to your question.
    Ruby, I hope to be able to read between the lines as well as you do one day.

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