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Home / Whanganui Chronicle

Assault is assault, especially with children

By Terry Sarten
Whanganui Chronicle·
21 Nov, 2014 05:09 PM4 mins to read

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As communities around the country gear up to mark White Ribbon Day next Tuesday, a news item has brought the matter of hitting children back on the agenda.

Mai Chen, a prominent lawyer, has proffered a legal opinion on changes to the Crimes Act.

While confirming that it is now illegal for parents to use force against a child for the purposes of correction, even if the force is "reasonable", her legal opinion notes that "statements made by politicians to the effect that the new section 59 does not criminalise "good parents for lightly smacking their children are inconsistent with the legal effect of section 59 and the application of that section in practice".

This legal opinion seems to have missed a critical point about hitting children.

The law has a view of when an adult is hit. Legally that is assault. There is no mention of "for the purposes of correction" or arguments about "light smacking".

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Saying that a man hit his partner because she wouldn't do what he wanted as a defence for male assaults female would be laughed out of court - as would the argument that he only hit her "lightly". So why would the law see the rights of a child as somehow different?

Family First director Bob McCoskrie claims the law should allow for "light smacking". It is not clear what exactly that is - hitting is hitting. Is he suggesting that a person who doesn't hit another person very hard is in some way not as culpable when the receiver of the blow is a child?

His zeal for retaining the legal right to hit children seems to be somewhat at odds with the promotion of family values.

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In 2013, the Royal Australasian College of Physicians put out a position statement on the physical punishment of children that noted discipline and setting clear boundaries were essential aspects of good parenting, but provided strong evidence for the limited effectiveness and negative effects of physical punishment on children.

A related paper, published in the Journal of Mental Health for Children and Adolescents with Intellectual and Developmental Disabilities, which I wrote while working in Australia, provides further background and a call to wider support for this Royal Australasian College initiative - http://www.schoollink.chw.edu.au/storage/Volume%205%20Issue%202%20low%20res.pdf

While some of the focus of this paper is on the context of care of children with disabilities, the reasons for eliminating the use of physical punishment apply to all children.

There is considerable evidence that physical punishment is ineffective. The child's attention is on the hurt not their behaviour and shifts the focus to the response of the adult: why is the person caring for me hitting me when social learning is telling me that if I hit others it is wrong?

The strongest argument is to be found in the contrasting way physical assault is regarded. If hitting is harmful and against the law when it is between adults (assault) then why would it not be equally as harmful to children?

Attitudes to the physical punishment of children in New Zealand appear to be changing, prompted by debate generated by the changes to section 59 of the Crimes Act. A majority (63 per cent) of those surveyed in 2012 reported that they no longer or very rarely use smacking to punish their children.

This change provides hope for a shift in the way society views family violence and the risk it presents to women and children.

The role of men and boys in eliminating family violence within our communities, workplaces and organisations is a path that all should walk - not just on White Ribbon Day but every day.

-Terry Sarten is a writer, musician and social worker - feedback: tgs@inspire.net.nz

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