Smacking your kids

bluethrunthru

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I was smacked - smacked my lad twice as a nipper. Realised that it didn't work as he probably forgot in ten mins and an hour later I was still feeling like shit. Never touched my daughter. U have come around to thinking its assault and should not be tolerated.

 
We never smacked our children. It is primitive and wrong. Nevertheless, the idea that it should be a crime is bonkers. How do you enforce it? Will there be different grades of smacking? And so on. This proposal is part of modern government ignorance about the role of criminal law. Using it to send messages about disapproval is a misuse of political power. The Blair government created several thousand new crimes like this, but they are hardly ever charged today.
 
We never smacked our children. It is primitive and wrong. Nevertheless, the idea that it should be a crime is bonkers. How do you enforce it? Will there be different grades of smacking? And so on. This proposal is part of modern government ignorance about the role of criminal law. Using it to send messages about disapproval is a misuse of political power. The Blair government created several thousand new crimes like this, but they are hardly ever charged today.
Surely you could say the same about any abusive behaviour in the home? Arguably making it illegal is more about sending a message than actually prosecuting people for it

Having said that, I sort of agree. You'll create a situation where, for example, teachers are expected to report it if any kid mentions that their parent smacked them. After all, if it's a crime, you can't ignore it if you've got child protection responsibilities. Perhaps that's a good thing, I don't know. But I can't imagine the resources are there to deal with it.
 
Surely you could say the same about any abusive behaviour in the home? Arguably making it illegal is more about sending a message than actually prosecuting people for it

Having said that, I sort of agree. You'll create a situation where, for example, teachers are expected to report it if any kid mentions that their parent smacked them. After all, if it's a crime, you can't ignore it if you've got child protection responsibilities. Perhaps that's a good thing, I don't know. But I can't imagine the resources are there to deal with it.
Yes, but if such abuse reaches assault proportions, it is already a crime. Messaging is not the role of the criminal law and creating specific offences is so often just that.
 
Yes, but if such abuse reaches assault proportions, it is already a crime. Messaging is not the role of the criminal law and creating specific offences is so often just that.
Is there clear guidance on what constitutes assault when it comes to children though? If your boss smacked you at work, that would be assault. If a teacher smacks a child, they are prosecuted for assault. What we currently have is a situation where smacking children is a vaguely defined exception to the assault law when it's the parent doing it.
 
Is there clear guidance on what constitutes assault when it comes to children though? If your boss smacked you at work, that would be assault. If a teacher smacks a child, they are prosecuted for assault. What we currently have is a situation where smacking children is a vaguely defined exception to the assault law when it's the parent doing it.
I wouldn’t call it an exception. It is the de minimis rule in action. I agree it is not always clear at what point it reaches the level of assault. Evidence, evidence, such an awkward necessity, but superior to defining the offence to the minutest detail.
 
I wouldn’t call it an exception. It is the de minimis rule in action.
But it's not though, is it? Because if it was, then there would be no difference between a teacher or a parent. It's entirely based around the concept that 'parents should be able to decide how to discipline their child' and 60 years ago, the same was thought for teachers too. There is a legitimate defence of 'reasonable chastisement' that only applies for kids. So we do make specific exceptions for parents and kids that don't apply to any other group.
 
Literally could never imagine smacking my daughter. ]

She's my world. I mean it helps that she's good anyway.... but still
 
Got smacked plenty of times and usually deserved it imo. Think smacked my son twice and like others felt like shit after it.
 

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