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Physical abuse of an infant, non-family

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msmercury

Junior Member
What is the name of your state?What is the name of your state? MO
Hi. I'm just looking for information related to statute of limitations and what the punishment, etc., is for a crime where a babysitter/daycare provider inflicts harm to a child/infant under his/her charge.

Thank you.
 


S

seniorjudge

Guest
It can be up to ten years after the child turns 18; lots of ifs and or buts.

What is the situation?
 

msmercury

Junior Member
The situation is that a babysitter had hurt the infant, but the infant is now 11 years old. The babysitter claims that she had on a handful of occasions gotten overly frustrated at the baby's incessant fits of crying and would harshly lop the baby into the crib, sometimes even allowing/causing purposely the infant's head to hit the head board! Simply dreadful! Naturally, the parents are furious, but what is their proper response? They had all but forgotten about this babysitter, and she shows up out of nowhere confessing this years later. The parents and the child had no idea, and the child suffered no known affects.
 
S

seniorjudge

Guest
msmercury said:
The situation is that a babysitter had hurt the infant, but the infant is now 11 years old. The babysitter claims that she had on a handful of occasions gotten overly frustrated at the baby's incessant fits of crying and would harshly lop the baby into the crib, sometimes even allowing/causing purposely the infant's head to hit the head board! Simply dreadful! Naturally, the parents are furious, but what is their proper response? They had all but forgotten about this babysitter, and she shows up out of nowhere confessing this years later. The parents and the child had no idea, and the child suffered no known affects.
What do you want to do about the bad babysitter?
 

CdwJava

Senior Member
And, more importantly, how do you PROVE a crime that is 10 years old or more?

Unless there are lasting effects, scars, or injuries, I think it would be best to just move on. She came to confess her sins and appears to be moving through another stage in life. From my way of thinking, forgiveness would be in order, and being thankful that nothing more happened and that this girl is making some positive steps to changing whatever was wrong with her life.



- Carl
 

msmercury

Junior Member
What do I want for her? I think a good kick in the butt is in order, even though I get the whole forgiveness approach, too. I mean, if nobody knew what she did, what is compelling her to confess? Is she looking for forgiveness? Or is she looking for pennance... like paying some sort of fee or jail time would wipe her personal slate clean? I don't know.

Still, the question remains: what is the statute of limitations for this sort of thing, especially since she's confessing to it (does it matter that there's no "evidence"?), and what is the punishment? I can't seem to get a good google out of it.

Thanks again.
 

CdwJava

Senior Member
Well, in CA her confession without evidence would result in no conviction. I suspect the same is true virtually everywhere.

There really isn't a whole lot you CAN do. Even if the SOL still exists, you have no proof ... and her confession is NOT going to convict her.

As I said, if there is no lasting damage, you really have to simply move forward. If you choose to forgive her or not, that's your business. But criminally, I can't imagine there is a thing you can do after more than 10 years and with no evidence at all.

- Carl
 

rmet4nzkx

Senior Member
While there may be no cause for a lawsuit here and as far as you know, no harm to the child that can be documented, there may be at least a moral duty to report the "confession" to CPS. Perhaps this person is in some sort of recovery process whereby they confess and seek forgiveness, perhaps they have some other psychological need for attention or both. For mandated reporters, which you are not, a report to CPS is made when there is reason, as there is in this case or when there is the possibility that the person while no longer a threat to that child may have access to another. So while there may be no case civil or criminal against this person, CPS upon investigation might take some action against that person to protect other children in the future, such as barring them from employment providing care for children. Also, the report provides documentation for future reference.

Also, I hope this confession was not done in front of or discussed with the child, as that may create a new memory where one did not exist. In which case, if the confessor, made their cofrssion in front of the child and later the child begins having nightmares, there could be cause of action, but if the parents bring it up and the child begins having nightmares or behavioral problems there would be no cause of aciton. Also please don't look to blame every future instance of behavioral problems on this confession. There are some personality and mental disorders which compel the person to confess and which may signal other complex problems so it would be a good idea that the confession at least be reported.
 
S

seniorjudge

Guest
msmercury said:
What do I want for her? I think a good kick in the butt is in order, even though I get the whole forgiveness approach, too. I mean, if nobody knew what she did, what is compelling her to confess? Is she looking for forgiveness? Or is she looking for pennance... like paying some sort of fee or jail time would wipe her personal slate clean? I don't know.

Still, the question remains: what is the statute of limitations for this sort of thing, especially since she's confessing to it (does it matter that there's no "evidence"?), and what is the punishment? I can't seem to get a good google out of it.

Thanks again.
Go to http://www.moga.state.mo.us/statutesearch/

and run a boolean search on
child and abuse and penalty
 

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