Belial wrote:Well, this wasn't just a spanking with a belt, either. It's verbal abuse, intimidation, terror, and beating-in-anger. With a disturbing amount of pleasure to it. "Get out of the way, I didn't get a proper turn"? Really?
If you're trying to argue this isn't child abuse, I'm intrigued to see how you're going to turn that one, Savanik.
It's not legally child abuse for several reasons: the weakest, yet most correct, is that the statute of limitations has expired. The girl in this video was 16 at the time, and is 23 now. That's a 7-year gap in which she possessed this tape but didn't show it to anyone before posting it to the internet. I'm not arguing its authenticity, but I would ask... why wait until he can't be prosecuted?
Second, while getting hit with a belt hurts like hell, it does not leave lasting scars, wounds, or other physical trauma that could result in substantial harm. Done properly, it won't even leave bruises. The Texas Family Code of Law
specifically excludes 'reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm' as qualifying as abuse. If you'll note, they specifically called it out - it can be reasonably concluded that unless there is substantial risk of harm, it is considered reasonable discipline. This method of discipline does not, therefore it's reasonable, and not prosecutable. If you disagree, I'm sure that a hospital that may have admitted her as a child are being scoured for records of this event by the media even as we speak.
Finally, it's not child abuse for one core reason: Texas, as a society, believes that this sort of treatment of children is acceptable for discipline. You might not like it, you might not agree with it. It's likely that even some Texans don't approve of it, particularly after this video. But as a society, historically and collectively, they sanction it as acceptable. For the Federal government to come in and investigate the judge after the case has been dropped by local government is the same abuse of power that has Federal government agents breaking into greenhouses in California looking for marijuana.