monday, October 9, 1978
daily nebraskan
page 7
Criminal charges avoided in mild child beating cases
By Jeff Kruse
Six years of living has taught Brent (not his real name)
that most men are mean, roller coasters are fun, telling
the truth usually gets you in trouble, but most of all,
that you don't break your mother's camera ... or else.
Or else some big guy that's living in your house for a
couple weeks will take a belt and hit you with it.
"Well, we didn't have any choice," says Brent's mom,
"besides, you don't see me going around breaking
cameras."
Meanwhile Brent, a hemophiliac, developes a bruise
that covers half of his upper thigh .
This is a mild case of child abuse and one that rarely
results in criminal conviction, according to several
Lancaster County officials.
No child abuse charge
"There is no charge against child abuse per se," said
Roger Hirsch, Lancaster County attorney. "The defendant
must either be charged with assault or with a
misdemeanor charge, such as disturbing the peace."
The above case, in which Hirsch was the prosecuting
attorney, resulted in a $100 fine to the defendant for
"disturbing the peace." The fine having been paid, he is
free to stay in the home with Brent.
"In order to obtain an assault conviction it is necessary
to show sufficient intent which is very difficult to show,"
Hirsch said.
Because of insufficient evidence in Brent's case an
assault charge was not filed despite the fact the defendant
had a previous history of violence and mental problems.
Hurts the child
Linda Wagner, resource mobilization agent for
Lancaster County, said they are trying to get away from
criminal convictions in abuse cases because it makes the
situation worse.
"Prosecution only increases the parents' negative feel
ings, and this hurts the child more." If the abuser is not
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the parent it makes little difference.
"He still is playing the role of spouse, and we can't
keep him away forever," she said.
Working with the family in a treatment-oriented
fashion is the best way to attack the problem, she said. In
Brent's case, a caseworker from Protective Services was
assigned to the family.
Progress made
Sandy Carmichael of Protective Services has been
working with Brent's mother for over two months now.
"I think there is definite progress being made," she said.
The man who bruised Brent is not involved in the
counseling, she said.
"This was the first time he's ever been bruised, and he
is clothed and fed properly," she said.
Consequently, Brent's mother has the right to keep
him at home, and has full say in whatever is done with
him.
Carmichael said she's not sure how long her meetings
with the family will continue.
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