When Does Spanking a Child Constitute “Child Abuse” under Florida law?
Proverbs 13:24 instructs us that “He who spares the rod hates his son, but he who loves him is careful to discipline him.” However, in Florida using the rod for careful discipline may result in a child abuse investigation. The unwritten rule used by law enforcement, child protective services, and the prosecutors with the State Attorney’s Office is that if the spanking (corporal punishment) left a mark anywhere other than the buttocks, then the act can constitute “child abuse” under Florida law. However, that unwritten rule leads to many innocent parents being arrested for charges that can not ultimately be proven. At common law, one standing in loco parentis had the right “to moderately chastise for correction a child under his or her control and authority.” Raford v. Florida, 828 So.2d 1012, 1015 n. 5 (Florida 2002). Nothing in section 827.03, or any related Florida statute, abolishes that right. In Raford v. State, 828 So.2d 1012 (Fla.2002), the Florida Supreme Court reviewed the cas
