Loscar Rodriguez escapes child abuse charge

[Special2bme]

Drawing a line between discipline and abuse, Miami-Dade prosecutors on Wednesday dropped a felony child abuse charge against a Coral Gables father who hit his 8-year-old son with a belt in October 2007, causing welts and bruises.

Loscar Rodriguez, 32, had faced up to 364 days in jail if convicted.

But prosecutors said their case proved weaker than expected when during a deposition, the child revealed his father gave him more homework as punishment after the beating, and the next day he ``was involved in normal activities . . . including PE class.''

``In light of the additional facts testified to by [the son], the conduct of the defendant is aligned with discipline as opposed to child abuse,'' prosecutor Suzanne Bell wrote in her memo.http://www.miamiherald.com/news/miami-dade/story/1204544.html


http://i359.photobucket.com/albums/oo35/Special2bme/images_sizedimage_295195748.jpgA Coral Gables father who decided not to "spare the rod, spoil the child" said he felt vindicated Wednesday after state prosecutors officially dropped a child abuse charge that they had leveled against him.

In October 2007, Loscar Rodriguez was arrested for allegedly beating his then 8-year-old son with a belt. Rodriguez reportedly hit the boy so hard he raised welts on the child's backside. He said he did it as punishment after getting a note from the boy's teacher that he had been goofing around in school and getting poor grades. He was charged with felony child abuse, which prompted debate across South Florida over how parents should be able to discipline their children.

Rodriguez attended counseling and parenting classes as his lawyers worked to have the charge dismissed. After two years of extensive litigation, the state has agreed to drop criminal charges against him. Rodriguez's ex-wife, who was in the courtroom, was outraged that the charge being dropped.

"I can't believe it is being dropped," said Stephanie Verdon, the boy's mother. "They said corporal punishment is allowed in the state of Florida, but the way that he was beaten should not be allowed. It should be overturned, it's not right."

Rodriguez attorney, Mark Eiglarsh, disagreed saying his client should not have been charged in the first place.

"There's a huge debate over what's appropriate and what's not appropriate," said Eiglarish. "But legally we said all along, he had not committed a criminal act and unfortunately it took two years of extensive litigation to get to the point that it became clear to prosecutors he had not committed any criminal act."

When Rodriguez was charged, even the judge who presided over his bond court appearance questioned his arrest.

"If he hit him with the buckle or a baseball bat or something like that or he had injuries," said Judge Fred Seraphin. "But a welt from a belt? It's supposed to leave a mark so you remember to get your work done."
http://cbs4.com/local/loscar.rodriguez.discipline.2.1144945.html

he had injuries,"

WTH do you think

causing welts and bruises.

are. That is causing injury to a child and should be considered child abuse.

[Harley_Tech]

[QUOTE=Special2bme;285449
WTH do you think

are. That is causing injury to a child and should be considered child abuse.[/QUOTE]


The judge said it best, it's supposed to leave a mark so the kid remembers.

Sounds to me like a bitter ex was driving this all along as an act of revenge. She should be charged with filing a false police report, if that is the case.

As a kid, I was whipped with a belt many times, and sections of hot wheels track (the worst) and guess what, I was not abused. Yes, they both left marks. None of those marks were physically permanent, but they did leave an impression on my mind, and not a bad one. Screw up, there is a price to pay.

I, like this kid, was disciplined, not abused.

R

[thebooblady]

Even a spanking with a hand can leave a mark. I don't think the state should decide how one disciplines their child. This was not abuse imo.

[ScribbleMuse]

Yeah, I'd have to actually see/hear more of the story before I'd be saying it is really abuse. I do NOT feel that a belt is a great punishment, don't get me wrong. However, belts have been historically used as a spanker forever, just as there used to be "switches" and other things.

Before I had my daughter, I considered myself totally enlightened. I was never going to spank my kid! Heck, I wouldn't even have to yell at her, because of course, she'd be perfect just because she would know that's what the rules are. Needless to say, I got over that real quick, and she was spanked when needed (which was not very often, and it was never an ordeal like we read so many times). She also gets yelled at when she breaks rules, and I've found that I am definitely a yeller with usually more bark than bite anyway. She has never had a need to fear me, and has never had a grudge to carry, and now she seldom gets in trouble--but at 11, she does still smart off, try to get out of doing homework, cleaning, etc, so yeah, she'll get grounded and I'll nag her to pieces.

The problem is that it seems there are way too many people out there who torture their children, as we all know. They do not "punish" them, they ABUSE them and torture them, which is a million miles away from fair punishment.

There's a happy medium out there. On one hand you have the parents who blindly turn their head to every bad behavior a child puts out, and those children are very often the ones who are bullies and act out in crime just because they're so damned spoiled and their parents told them that they deserve everything they ever want, and if they don't get it handed to them, it's okay to take it any way they need. Those parents are usually the ones we seen in articles defending their darling boys and girls with some of the more absurd excuses--"He's a good boy, he didn't mean no harm by robbing that store/raping that girl/fighting that cop!"

Then you have the parents who decide that a 2-year-old should be tortured to death because they wet the beds, or that a 6-month-old deserves to be kicked because the baby didn't stop crying with the first punch. Or the ones who have the ritualized torture disguised as "punishment" and "tough love" like the fuck stains who killed Summer Phelps, or the 8-year-old featured currently in this forum whose stepdad REALLY left some welts with a belt.

I'm not totally defending this guy because I'm too much of a cynic. But from what is reported here, I don't think he abused the child. I think that he should probably stop using a belt (and more than likely will never consider using it again now).

[Mybabiesmomma]

I don't like the idea of "punishing" using a belt. My mother struck me with a belt in one occassion that sliced my lower right leg open. I passed completely out from that hit. I think I was roughly around this boy's age. I don't condone hitting a child with a belt, anything may happen. You may get way to angry and cause a major injury. Punishment does not have to inflict pain, they aren't animals.

Don't get me wrong, I have swatted my 4 year old in the butt. I just can't see myself taking an object to strike a child. Can't do it, and won't

[ScribbleMuse]

I don't like the idea of "punishing" using a belt. My mother struck me with a belt in one occassion that sliced my lower right leg open. I passed completely out from that hit. I think I was roughly around this boy's age. I don't condone hitting a child with a belt, anything may happen. You may get way to angry and cause a major injury. Punishment does not have to inflict pain, they aren't animals.

Don't get me wrong, I have swatted my 4 year old in the butt. I just can't see myself taking an object to strike a child. Can't do it, and won't

Personally I agree with you, but I think that this guy may have been raised with the notion that using an object, such as a wooden spoon, switch, or belt, separated the punishment from abuse actually. A lot of people in very recent generations believed that punishment should never be out of anger, but out of justice, and in their minds, this was the way to ensure that.

Again, I think it's wrong that he used the belt, but I can understand why he MAYBE did. Also, this article may have downplayed the abuse rather than the abuse being overplayed, and maybe this was a case of child abuse. But if the paper is not being dramatic (and I mean, don't papers have a rule about being objective and non-dramatic? lol!), then I can see how it happened and why it could have happened.

I have a hard time because I hate the idea of spanking actually but I also feel that punishment must sometimes be used, and sometimes a "time out" doesn't do it. It's so hard to be a parent.

At the same time, I want to eradicate abuse. And this is one of those issues that kind of make it hard to really choose definite lines in the sand, though I would say that no object should ever be used--just as you say, even without intention, I think that an object CAN be extremely dangerous.

[akika666]

i have kids, they need lots of "correction," like any other kids. i'm not idealistic anymore, but i have always been, and remain, against using corporal punishment on kids, because i think it teaches the wrong lessons.

however, generally i would defend the right of parents to spank their kids if that's what they believe is right, but i'm not comfortable with a spanking that leaves "welts!" i dunno, is that really OK with everybody? just bc some of us were welted when we were kids?

[thebooblady]

I wasn't spanked, by hand or belt, as a child so I can't relate in that manner. I'm against laws that legislate how to parent. I just don't think corporal punishment used sparingly, and within reason, is abusive. I think it's more of an opinion that it is wrong. I very rarely have spanked my kids and never with a belt, so I'm not trying to defend my own parenting.

[Zsu Zsu's Petals]

Before I had my daughter, I considered myself totally enlightened. I was never going to spank my kid! Heck, I wouldn't even have to yell at her, because of course, she'd be perfect just because she would know that's what the rules are. Needless to say, I got over that real quick, and she was spanked when needed (which was not very often, and it was never an ordeal like we read so many times). She also gets yelled at when she breaks rules, and I've found that I am definitely a yeller with usually more bark than bite anyway. She has never had a need to fear me, and has never had a grudge to carry, and now she seldom gets in trouble--but at 11, she does still smart off, try to get out of doing homework, cleaning, etc, so yeah, she'll get grounded and I'll nag her to pieces.


I could have written this paragraph in it's entirety. I too was going to talk through each and every situation, and of course, the child would completely understand and we'd never have tantrums, out right defiance, etc. Then I actually had kids, and learned to never say never to spanking.

It doesn't work for everyone, and as my children have gotten older, there are much more creative ways to discipline or punish (grounding, loss of privileges, added chores). I honestly can't remember the last time I had to spank either child.

But, a spanking is not abuse, and while I would never hit a child with a belt (I was and in my case it was often abuse), I am really leery of casting all cases of using a belt as abuse.

I'm a bit concerned in this case with the belt leaving marks. How long did the marks last? If we're talking about several days, then yeah, I'd call it abuse. A day? Nah.

I would add that the number of times a kid gets belted probably would sway me as well-- if a kid gets belted for each and every infraction, then even if it isn't leaving lasting marks, would that be considered abusive?

Just thinking aloud...

Oh, and I think my kids both would rather get a swat on the bottom than my husband's favorite form of discipline-- the never ending lecture! Seriously, it'll make your ears bleed.

[thebooblady]

Oh, and I think my kids both would rather get a swat on the bottom than my husband's favorite form of discipline-- the never ending lecture! Seriously, it'll make your ears bleed.

I can relate. My boyfriend is not allowed to spank my children, but dear god can he lecture to the point where I go in there and try to get him to wrap things up. They kids (and I) just tune him out after a while. I'd rather get smacked around a bit then listen to him go on and on sometimes lol.

[Zsu Zsu's Petals]

I can relate. My boyfriend is not allowed to spank my children, but dear god can he lecture to the point where I go in there and try to get him to wrap things up. They kids (and I) just tune him out after a while. I'd rather get smacked around a bit then listen to him go on and on sometimes lol.

Ain't it the truth? I swear, after a while it sounds like Charlie Brown's mom... wahaha, whaha, whah!

[thebooblady]

Ain't it the truth? I swear, after a while it sounds like Charlie Brown's mom... wahaha, whaha, whah!

I was thinking the exact same thing, but didn't know how to type the noise!

[navsec]

I was beaten with a belt a few times when I around 8 as well, it was pretty terrifying, especially because its such an unfair fight, the parent is so much bigger than the child etc. It was not out of the ordinary though, I knew other kids whose parents did the same.

Looking back on it though, especially now that I have kids (and yes, I do give a whack with my hand from time to time), I think that any time a grown man or woman picks up a weapon to strike a child it's crossing over into other territory. I think grown ups have such an advantage over small kids that using a belt or any other object is an abuse of power.

and I also think that if a parent starts to go down that road repeatedly, repeatedly whipping a kid with a belt as a form of regular discipline it can have very bad psychological consequences for the child.

But whether it should be illegal, I'm on the fence about it. I think beating a kid with a belt is generally a bad policy and it should be discouraged and scrutinized by the state.

I dont think in these circumstances that the defendant should have been charged with a felony. But if he thought whipping a kid with a belt over a minor infraction at school was a good form of discipline perhaps it wasnt a bad thing for him to have to go through the criminal justice system a little and reconsider using a belt for only the most severe misbehavior.