Top Child Abuse Defenses Your St. Paul, Minnesota Attorney can Invoke

St. Paul Child Abuse Defense Attorney Kevin DeVore

Children are often considered one of the most vulnerable members of society. As such, the law and the criminal justice system, in particular, seeks to protect them from any form of harm or danger. This can be seen in the various provisions in the law that are very stringent. For example, in rape cases involving a child, you can’t invoke a defense of “consent” because children are presumed as lacking the capacity to consent during sex.

The stringent laws further extend to child abuse. In fact, the prosecution tends to be aggressive in cases involving child abuse to the point that they may ignore fundamental facts that may exonerate you. Therefore, you may end up being convicted severely for an offense that doesn’t warrant such a punishment.

It is for this that you need a qualified child abuse defense attorney to protect you.

Here’s what you should know about child abuse and the defenses available for the charge.

The Law

The jurisdiction of Minnesota envisions the protection of children from abuse. The chief legislation governing this is Chapter 609 of Minnesota statutes.

Put briefly, section 609.377 deals with the malicious punishment of a child, while section 609.378 deals with neglect or engagement. Other notable provisions are section 609.266, which deals with crimes against unborn children, while section 609.3785 deals with unharmed newborns left in a safe place.

What is Child Abuse?

Child abuse is a broad term. State law in Minnesota defines child abuse as an intentional injury (mental or physical) extending to deprivation, sexual abuse, unreasonable disciplinary methods, neglect, abandonment, or solicitation of children for sex.

Child Abuse Defenses

Navigating a child abuse charge is often a daunting task, especially if the testimony of a child is involved. However, certain common child abuse defenses can be invoked to disprove the charges.

They include:

Parent’s Right to Discipline

As a parent, you have a right to discipline your child in any manner you choose. However, the law provides that the discipline should be done in a manner that is reasonable and doesn’t cause any bodily injury.

That said, reasonability is often a question of fact. Therefore, your defense attorney can provide evidence to prove that the discipline was done reasonably and in the right manner as per the law.

False Allegations

False accusations of child abuse are common between parents who are involved in a difficult custody battle. In such a case, your attorney may counter the allegations by proving that they are false, or they can show similar conduct by the accuser.

Injury Resulted From Something Else Other than Child Abuse

This type of defense is normally focused on causation. In other words, it seeks to establish whether the accused person is responsible for the injury or harm caused to the child.

It is often invoked in the absence of a direct connection between the harm suffered to the child and the person who is allegedly responsible. For example, you can raise this defense if the injury suffered to the child resulted from a non-accidental situation, such as when a child fights with another child.

Also, you can raise this defense in cases where the injury resulted from an accident. However, the courts find difficulty in cases where the accident was a result of negligence. Therefore, it will be up to your defense attorney to disprove this.

Religious Belief

Your attorney can also invoke this defense where you have certain religious beliefs pertaining to how you treat your child. For example, a parent who fails to seek medical care for a sick child and instead goes ahead to pray for the sick child can invoke this defense. Although controversial, you can escape a charge of child abuse if you assert such a claim in court.

Bottom Line

Defending against charges of child abuse can be difficult. Therefore, it is imperative to have a criminal defense attorney to help you avoid the stringent penalties associated with child abuse. The attorneys at DeVore Criminal Defense can help you maintain your record and navigate through the legal process. Contact us today for more help on this.