need advice for child abuse defense

What is the name of your state? WA
I have a friend who is waiting for a hearing in court.
Reason: After she disciplined her daughter (spanking), her husband called the police. Then the case is now under investigation by a child protection agency. She grew up in an Asian country (where spanking is legal) She did not know doing so is against the law in the U.S, until now.
What are the best arguments for her defenses? What is the penalty she will receive? What should she do now and in court in order to avoid charges?
E-mail me at [email protected] Thank you

Whitecloud

whitecloud said:

What is the name of your state? WA
I have a friend who is waiting for a hearing in court.
Reason: After she disciplined her daughter (spanking), her husband called the police. Then the case is now under investigation by a child protection agency. She grew up in an Asian country (where spanking is legal) She did not know doing so is against the law in the U.S, until now.
What are the best arguments for her defenses? What is the penalty she will receive? What should she do now and in court in order to avoid charges?
E-mail me at [email protected] Thank you

Whitecloud

Click to expand...

My response:

What did she spank the child with; e.g., hand, belt, wooden spoon, Louisville Slugger baseball bat?

How old is the child? Less than 10? More than 10? Ready to go on Social Security?

Were pictures taken of the bruises? Were the pictures taken with a Konica or Pentax camera?

What was written in the hospital report about the injuries?

IAAL

the child is 7 years old.

whitecloud said:

the child is 7 years old.

Click to expand...

My response:

That doesn't help. I need the answers to my other questions if you want assistance.

IAAL

can i answer those question tomorrow? I need to ask her too. I guess she spanked with the chopstick on the butt, (like it usually done in Asian culture.
Can you give me your personal e-mail for faster communication? Thanks

whitecloud said:

can i answer those question tomorrow? I need to ask her too. I guess she spanked with the chopstick on the butt, (like it usually done in Asian culture.
Can you give me your personal e-mail for faster communication? Thanks

Click to expand...

My response:

Yeah, right - - a "chopstick"!

Is that what they're calling Louisville "Slugger" baseball bats nowadays?

I only respond on this forum. You can write your answers here.

IAAL

hi,
I was told that the daughter got some bruise on her thighs. The police took pictures of the bruise. Since then, some social workers have come to interview and question her. She does not know what was in the police report because she can'n speak and read English. does my answer help at all?

The Voice of Conservatism

whitecloud said:

hi,
I was told that the daughter got some bruise on her thighs. The police took pictures of the bruise. Since then, some social workers have come to interview and question her. She does not know what was in the police report because she can'n speak and read English. does my answer help at all?

Click to expand...

My response:

Okay, lady - - I want you to read this REAL carefully.

No one gets a bruise from being hit with a "chopstick" - - unless, of course, your friend is a giant, the size of Godzilla, and used the branch of a Redwood tree as a "chopstick".

You're being fooled by your friend. She's a criminal CHILD ABUSER!

IAAL

I have a feeling that this isn't the first time the child's been "spanked" by her mother, and for the husband to call the cops it must have been well beyond what one would consider a smack on the butt. For a chopstick to have caused bruising, it must have been used on bare skin and with quite a bit of force. That's a problem.

Spanking is not illegal in the US - beating is. Especially when it's an adult beating a child. That's something there is no defense for, IMO.

Your friend needs a lawyer ASAP.

to momma_tiger

As I have said, she had never known until this event that giving a child disciplines by beating her is against the law in the US. In fact, she grew up being brought up in a Asian country with a culture that permitts disciplining children with any form. Since she came to the US several year ago, she had no social contact here, so never having learned our law. If you do not know the law, would you be considered as a law breaker? May the judge consider the cross-culture misunderstanding and rule a slight sentence for her such as probation? Can you tell the result of this case. Thank you for your reply.

The Voice of Conservatism

whitecloud said:

As I have said, she had never known until this event that giving a child disciplines by beating her is against the law in the US. In fact, she grew up being brought up in a Asian country with a culture that permitts disciplining children with any form. Since she came to the US several year ago, she had no social contact here, so never having learned our law. If you do not know the law, would you be considered as a law breaker? May the judge consider the cross-culture misunderstanding and rule a slight sentence for her such as probation? Can you tell the result of this case. Thank you for your reply.

Click to expand...

My response:

Being an "Immigrant" is not an excuse or defense. She had a duty to find out about our customs and laws. "Ignorance of the law is not an excuse or defense" - - which is why she's being prosecuted in the first place.

Ever heard the old saying, "When in Rome, do as the Romans do"?

Well, it's true. If you want to come to the United States, you do as we do, and as the law dictates. The problem here is that your friend is learning about our customs and laws the hard way; e.g., she's put the cart before the horse.

So, now she'll do her "time", potentially lose her child, and she'll never do what she's done ever again - - hopefully.

IAAL

IAAL??

If she is infact charged and found guilty of Felony Child Abuse, could she not also be deported??

Just Curious.....

Re: IAAL??

3kidsmom said:

If she is infact charged and found guilty of Felony Child Abuse, could she not also be deported??

Just Curious.....

Click to expand...

My response:

Absolutely, but "after" she finishes her sentence in Washington.

IAAL

Re: to momma_tiger

whitecloud said:

As I have said, she had never known until this event that giving a child disciplines by beating her is against the law in the US. In fact, she grew up being brought up in a Asian country with a culture that permitts disciplining children with any form. Since she came to the US several year ago, she had no social contact here, so never having learned our law. If you do not know the law, would you be considered as a law breaker? May the judge consider the cross-culture misunderstanding and rule a slight sentence for her such as probation? Can you tell the result of this case. Thank you for your reply.

Click to expand...

Noone can tell you the result except the judge/jury. But ignorance isn't an excuse. Your friend's in deep sh*t for beating her child. A smack on the butt is one thing - BEATING is another, and there is NO excuse for beating a child. No matter what the "cross-cultural" excuse is. She obviously had SOME social contact - with you.

I don't think that culture should be an excuse either, but did you guys hear about that man that burned his son's hand last year for stealing? Didn't the judge let him off real easy because that was the way they did it in his home county? I think he might have been from Guatemala. He used the sam excuse that he didn't know any better. The whole thing was outrageous. It created quite an uproar from what I remember.