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Subject: Re: Court nondecision on belt spanking, Judge Judy on spanking, similar Scottish case


Author:
Graeme to Lucas
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Date Posted: 12:10:55 03/28/26 Sat
In reply to: Lucas 's message, "Re: Court nondecision on belt spanking, Judge Judy on spanking, similar Scottish case" on 10:27:41 03/28/26 Sat

I would hope that most people would agree that a single open handed swat over the clothes is not a criminal offense. Even here in New Zealand where we have anti-smacking legislation you are not going to be taken to Court for a single swat on a child's clothed bottom - but probably still not advisable to do it in public as there may still be an Oranga Tamariki (Child, Youth and Family) investigation because people will ask if you swat your child in public, what do you do behind closed doors?

It sounds like there was never sufficient evidence to prove the allegation of the belt spanking in the first place. So the father should never have been found guilty. The onerous is on the Court to prove an allegation beyond reasonable doubt. Beyond the child there were probably no witnesses as the child was likely spanked privately. There may have been a gap between alleged incident and reporting so photographs of markings weren't taken.

I haven't heard of the Scotland case. I wonder if the mother was convicted because it was a public spanking and bare bottom. It also depends what the law was. In New Zealand prior to the law change parents had the defense of reasonable force as part of parental correction. So you could be charged and the court would decide if it was reasonable force. There is quite a famous case in 2005 where a mother was found not guilty by a jury for spanking her 12 year old son with a riding crop and bamboo cane (two separate punishments)

For those interested below is a lengthy interview with the mother in that case:
https://www.scoop.co.nz/stories/PO0606/S00053.htm

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