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Spanking
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Spanking is a form of corporal punishment that generally consists of striking the buttocks. The recipient is most often a child or teenager. In some parts of the world, and at some times in history, women were also typical recipients, but this is no longer common in most of the world. However, the term may apply no matter who the recipient is. It is often carried out by parents, and in the case of married women it was usually done by the husband.
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Spanking is a form of corporal punishment that generally consists of striking the buttocks. The recipient is most often a child or teenager. In some parts of the world, and at some times in history, women were also typical recipients, but this is no longer common in most of the world. However, the term may apply no matter who the recipient is. It is often carried out by parents, and in the case of married women it was usually done by the husband. In British English, "spanking" means only with the open hand. In American English, it can mean with either the open hand or an implement such as a paddle.
Some countries prohibit spanking as a form of discipline, even by parents, and many organizations dedicated to the health of children nowadays oppose it. They believe it can hurt the child and that the child does not learn anything from being spanked. In Britain, Australia and New Zealand, the word "smacking" is also used, but this can refer to slapping the child's hands, arms or legs as well as its buttocks.
Etymology
The verb "to spank" has been known in English since 1785, possibly onomatopeic in nature.
English and several other languages have a specific, common verb for "spanking", that distinguishes it from corporal punishment applied on the buttocks. Thus in Latin the only word derived from "culus" (buttocks) was "culare" meaning "to spank", similar to the Italian "sculacciare"; in Spanish "azotes" or "nalgadas", from "nalga" (butt); in French, the verb is "fesser", also from "fesses" (buttocks).
In homes and schools
Spankings are most commonly administered to children by their parents, though in some countries it is also done in schools. Up until the 1980s spankings were administered in some British schools, alongside slipperings, beltings and canings. Historically, boys have tended to be more frequently spanked on average than girls.
School corporal punishment is banned in most of the western world, including every country in Europe, Japan, South Africa and New Zealand. Formal corporal punishment remains prevalent in schools in many Asian and African countries, but more often with a cane or similar implement than with an open hand.
In the United States, corporal punishment has been held by the US Supreme Court to be lawful in schools. There is no consensus on how much paddling occurs in U.S. schools. The National Association of School Psychologists places the number at 1.5 million cases a year. The anti-C.P. campaign Center for Effective Discipline, based on sample statistics collected by federal authorities, claims that the number of students spanked or paddled in 2006 in U.S. public schools was 223,190. In the United States, statistics show that black students are more likely to be hit than white students. This might be because black parents tend to be more in favour of C.P. than white ones on average, so are more likely to give teachers permission to spank their offspring. Also, statistics indicate that around 80% of school paddlings are of boys, possibly because boys exhibit more often than girls the kinds of misbehavior for which corporal punishment is thought appropriate.
Women
Women have historically been spanked by the patriarch of the family or by the husband of a married woman. In modern times it has become unacceptable and is considered abusive to do so throughout the developed world. Corporal punishment of women, however, does still exist in some parts of the third world.
Research
Some studies have suggested that children who receive corporal punishment are more likely to be angry as adults, use spanking as a form of discipline, approve of striking a spouse and experience marital discord. Older children who receive corporal punishment may resort to more physical aggression, substance abuse, crime and violence, according to certain studies. However, what is defined for the purposes of such studies as "corporal punishment" may include random brutality as well as ordinary moderate spanking, which means that children who had been subjected by their parents to frequent violent physical abuse are considered in the same category with those who had received infrequent moderate spankings. It is, therefore, not certain that the conclusions of those studies can necessarily be applied to mild or occasional spankings that are given for clear and understood reasons within a stable family.
According to a study published in the American Journal of Preventive Medicine (online on Aug 19, 2008), mothers who reported spanking their children are nearly three times more likely (6% vs 2%) to also report using forms of punishment considered abusive to the researchers "such as beating, burning, kicking, hitting with an object somewhere other than the buttocks, or shaking a child less than 2 years old" than mothers who did not report spanking, and increases in the frequency of spanking are associated with increased odds of abuse.
However, a 2006 study in New Zealand has shown that children who were physically punished in a mild way, including light open hand spanking on a clothed bottom or leg, came out the same or slightly better than those who were never punished physically. This N.Z. study specifically criticized several previous studies which did not distinguish between different degrees of physical punishment, and argued that such studies are biased from the outset to favour non-physical methods of child discipline.
Most studies conducted with the purpose of showing the effects of physical punishment have been criticized as lacking neutrality, and of being carried out by individuals who had an "agenda" and were trying to "prove something" (especially as many of these studies were conducted by people or organizations who either opposed or supported the practice of corporal punishment).
Alternatives to spanking
Opponents of spanking suggest numerous methods of non-violent child discipline which they consider to be at least as effective as spanking, while lacking the negative side-effects they attribute to spanking.
Agencies that oppose spanking
Several agencies responsible for child health have issued policies against corporal punishment.
United Nations
UNESCO recommends that corporal punishment be prohibited in schools, homes and institutions as a form of discipline, and claims that it is a violation of human rights as well as counterproductive, ineffective, dangerous and harmful to children.
Australia
The Australian Psychological Society holds that corporal punishment of children is an ineffective method of deterring unwanted behavior, promotes undesirable behaviors and fails to demonstrate an alternative desirable behavior.
Canada
The Canadian Pediatrics Society reviewed research on spanking and concluded that it was associated with negative outcomes, and physicians recommended against spanking.
United Kingdom
The Royal College of Paediatrics and Child Health is against spanking and opposes striking of children in all circumstances. The Royal College of Psychiatrists also takes the position that corporal punishment is unacceptable in all circumstances.
United States
The American Academy of Pediatrics believes that corporal punishment possesses some negative side-effects and only limited benefits, and recommends the use of other forms of discipline to manage undesirable behavior. The American Psychological Association believes that the use of physical punishment in institutions that care for children is unlikely to improve problem behavior and poses the risk of significant negative side-effects including poor self-esteem, hostility, and a greater tendency to use physical aggression.
Legal status
According to Save the Children, the corporal punishment of children within families (whether strictly speaking "spanking" or not) is illegal in 24 countries. The table below shows the legal situation of spanking administered by parents/legal guardians upon their children in the home:
Spanking laws in the United States
ALASKA
Sec. 11.81.430. Force is justified when and to the extent reasonably necessary and appropriate to promote a child's welfare. Parent/guardian/other person with care and supervision of child under 18 may use reasonable and appropriate non-deadly force upon the child.
ARIZONA
Sec. 13-403. Parent/guardian may use reasonable and appropriate physical force upon the minor when and to the extent reasonably necessary and appropriate to maintain discipline.
ARKANSAS
Sec. 9-27-303(3).Abuse does not include physical discipline of a child if reasonable and moderate and inflicted by a parent or guardian for restraining or correcting a child.
Sec. 5-2-605(l).Parent/guardian/other with care and supervision of a minor may use reasonable and appropriate physical force when and to the extent reasonably necessary to maintain discipline or promote the welfare of the child.
CALIFORNIA
Welf. and Inst. Code Sec. 300. Law not intended to prohibit the use of reasonable methods of parental discipline, or to prescribe a particular method of parenting... Serious physical harm does not include reasonable and age-appropriate spanking to the buttocks where there is no evidence of serious physical injury.
COLORADO
Sec. 19-1-103(b)Any investigation of child abuse shall take into account the child-rearing practices of the child's culture. Child abuse and neglect does not include acts which can be reasonably construed to be a reasonable exercise of parental discipline.
Sec. 18-1-703.Parent/guardian/ person with care and supervision of minor can use reasonable and appropriate physical force, if it is reasonably necessary and appropriate to maintain or promote welfare of child.
CONNECTICUT
Sec. 53a-18.Parent/guardian/person with care and supervision of a minor may use reasonable physical force, when and to the extent that he reasonably believes necessary to maintain discipline or promote welfare of minor.
DELAWARE
Sec. 468.Force is justifiable if reasonable and moderate and by parent/guardian/foster parent/legal custodian/other similar person responsible for care and supervision.
DISTRICT OF COLUMBIA
Sec. 6-2101.Abuse includes excessive corporal punishment.
Sec. 16-2301.Abuse includes when a parent/guardian/custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury, including excessive corporal punishment.
FLORIDA
Sec. 39.01(2).Corporal discipline of a child by a parent/legal custodian does not, in itself, constitute abuse when it does not result in harm to the child. Sec. 39.01(2).
GEORGIA
Secs. 19-7-5/ 19-15-1/49-5-180.Physical forms of discipline may be used as long as there is no physical injury to the child.
Sec. 16-3-20.Parent or person in loco parentis reasonably disciplining of a minor has a justification defense for a criminal prosecution based on that conduct.
Sec. 19-13-1.The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.
HAWAII
Sec. 703-309.Parent/guardian/person responsible for general care and supervision of minor/person acting at request of above may use force if. -- employed with due regard for age and size of minor and reasonably related to purpose of safeguarding or promoting welfare of minor, including prevention or punishment of minor's conduct, and -- not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain, mental distress, or neurological damage.
IDAHO
Sec. 16-2002.Abuse includes physical cruelty in excess of that required for reasonable disciplinary purposes, inflicted by a parent or other person in whom legal custody is vested.
ILLINOIS
Secs. 325 5/3/ . An "abused child" includes any child whose parent/immediate family member/person responsible for the child's welfare/individual residing in the same house/paramour of child's parent inflicts excessive corporal punishment.
INDIANA
Sec. 31-34-1-15. Law does not limit right of parent/guardian/custodian to use reasonable corporal punishment when disciplining a child.
IOWA
Sec. 232.71B . The use of corporal punishment by the person responsible for the care of a child, which does not result in a physical injury to the child shall not be considered abuse (unless otherwise prohibited).
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KANSAS
Sec. 21-3609. Abuse of a child is intentionally torturing, cruelly beating, or shaking, which results in great bodily harm including cruel and inhuman corporal punishment upon any child.
KENTUCKY
Sec. 503.110. Parent/guardian/person with care and supervision of minor can use force if person believes force necessary for welfare of child and force is not designed to cause or known to cause a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.
LOUISIANA
Children's Code Art. 615(A). In determining abuse the agency should take into account that an injury may have resulted from what might be considered reasonable discipline for a child's misbehavior.
Sec. 14:18. Parent reasonably disciplining a minor has a justification defense to a criminal prosecution based on that conduct.
MAINE
17-A Sec. 106. Parent/foster parent/guardian or other similar person responsible for the long term general care and welfare of a person is justified in using a reasonable degree of force against such person when and to the extent that he reasonably believes necessary to prevent or punish such person's misconduct. Justification does not extend to purposeful or reckless use of force that creates a substantial risk of death, serious bodily harm, or extraordinary pain.
MARYLAND
Sec. 4-501. Law does not prohibit reasonable punishment by parent or stepparent, including reasonable corporal punishment, evaluated in light of the age and condition of child.
MASSACHUSETTS
110 Sec. 2 . "Abuse" is the non-accidental commission of any act by a caretaker upon a child which causes, or creates a substantial risk of physical or emotional injury. Physical injury defined as fracture of any bone, subdural hematoma, burns, impairment of any organ, any other such nontrivial injury, or soft tissue swelling or skin bruising depending upon such factors as the child's age, circumstances under which the injury occurred and the number and location of bruises.
Massachusetts Supreme Court 1999: A man who spanked his son with a belt was declared innocent by Massachusetts Supreme Court : Cobble v. Commissioner of Dept. of Social Services, 719 N.E.2d 500 (Mass. 1999)
MICHIGAN
Sec. 750.136b . Parent/guardian/other person permitted by law, or authorized by parent, or guardian can take steps to reasonably discipline a child, including the use of reasonable force.
MINNESOTA
Sec. 609.379. Parent/legal guardian/caretaker of child can use reasonable force to restrain or correct a child.
Sec. 626.556. Subd. 2. Definitions… (g)… Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury.
Minnesota Supreme Court 2008 (a man who had spanked his son 36 times with a paddle was declared innocent): "We are unwilling to establish a bright-line rule that the infliction of any pain constitutes either physical injury or physical abuse, because to do so would effectively prohibit all corporal punishment of children by their parents" and "It is clear to us that the Legislature did not intend to ban corporal punishment."
MISSISSIPPI
Sec. 43-21-105. Physical discipline, including spanking, performed on a child by a parent, guardian, or custodian, in a reasonable manner shall not be deemed abuse.
MISSOURI
Sec. 210.110. Discipline including spanking, administered in a reasonable manner, is not abuse.
Sec. 563.061. Force justified if by parent/guardian/other person entrusted with care and supervision of minor if:-Person believes force necessary to promote welfare of minor, and - Force used is not designed to cause or believed to create a substantial risk of causing death, serious 000physical injury, disfigurement, extreme pain, or extreme emotional distress.
MONTANA
Sec. 45-3-107. Parent or authorized agent of parent/guardian/master/teacher is justified to use force if reasonable and necessary to restrain or correct child.
NEBRASKA
Sec. 28-1413. Parent/guardian/person responsible for care and supervision/person acting at one of the above's request is justified to use force on a minor if for the purpose of safeguarding or promoting the welfare of minor, including prevention or punishment of misconduct, but not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain, mental distress, or gross degradation.
NEVADA
Sec. 432B.260. A child abuse investigation is not warranted if the agency determines that the alleged abuse was the result of the reasonable exercise of discipline by a parent or guardian involving the use of corporal punishment, including, without limitation, spanking or paddling; and corporal punishment so administered was not so excessive as to constitute abuse.
NEW HAMPSHIRE
Sec. 627:6. Parent/guardian/person/teacher responsible for general care and welfare of minor may use force against minor when and to the extent that he reasonably believes it necessary to prevent or punish minor's misconduct. No defense available for malicious or reckless use of force that creates risk of death, serious bodily injury, or substantial pain.
NEW JERSEY
Sec. 2C:3-8. Person entrusted with special responsibility for care, supervision, discipline, or safety of another may use force against them if for the purpose of and to the extent necessary to further the responsibility.
NEW MEXICO
Sec. 32A-4-2(B). An abused child includes one who has been cruelly punished by a parent/ guardian/ custodian.
Sec. 30-6-1. Abuse includes knowingly, intentionally, or negligently permitting or causing a child to be cruelly punished.
NEW YORK
Penal Sec. 35:10. Parent/guardian/other person with care and supervision of person under 21, can use non-deadly physical force when and to the extent he reasonably believes necessary to maintain discipline or promote welfare of person force performed upon.
NORTH CAROLINA
Juvenile Code Sec. 7B-101. "Abused juvenile" is any juvenile under 18 whose parent, guardian, custodian, or caretaker inflicts or allows to be inflicted by other than accidental means a serious physical injury or uses or allows to be used cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior.
NORTH DAKOTA
Sec. 12.1-05-05. Parent/guardian/other person (not including school district employee) responsible for care and supervision of minor/person acting at direction of the above can use reasonable force on a minor for safeguarding or promoting his welfare, including prevention or punishment of his misconduct and maintenance of proper discipline. Force does not have to be "necessary," but cannot create substantial risk of death, serious bodily injury or disfigurement, or gross degradation.
OHIO
Sec. 2151.031. "Abused child" includes one who exhibits evidence of any physical or mental injury or death, inflicted by other than accidental means, or any injury or death which is at variance with the history given of it. Except a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent/guardian/custodian/person having custody or control/or person in loco parentis of a child is not an abused child.
OKLAHOMA
21 Sec. 844. Parents/other persons can use ordinary force as a means of discipline, including but not limited to spanking, switching, or paddling.
OREGON
Sec. 161.205. Physical force is justified if parent/guardian/other person with the care and supervision of a minor uses reasonable force when and to the extent the person reasonably believes necessary to maintain discipline or promote welfare of minor.
PENNSYLVANIA
23 Sec. 6302. Parents can use reasonable supervision and control when raising their children.
18 Sec. 509. Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, and if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation.
RHODE ISLAND
Sec. 40-11-2. Abuse occurs when a child's physical or mental welfare is harmed or threatened by a parent or person responsible for child's welfare, by means including excessive corporal punishment which causes physical or mental injury or creates or allows to be created a substantial risk of physical or mental injury.
Sec. 11-9-5.3. Serious physical injury is Any injury, other than a serious bodily injury, arising from other than non-excessive corporal punishment.
SOUTH CAROLINA
Sec. 20-7-490. "Harm" includes inflicting or allowing to be inflicted physical or mental injury sustained as a result of excessive corporal punishment. "Harm" does not include corporal punishment or physical discipline if- Administered by a parent or person acting in place of a parent, Perpetrated for the sole purpose of restraining or correcting, Force is reasonable in manner and moderate in degree, There is no permanent damage, and Behavior of parent is not reckless or grossly negligent.
Sec. 16-3-95. Corporal punishment of a child or physical discipline administered by a parent or person in loco parentis in a manner which does not cause great bodily injury is not prohibited.
SOUTH DAKOTA
Sec. 22-18-5 . Parent/guardian/teacher/school official can use, attempt, or offer to use force if reasonable in manner and moderate in degree, and used to restrain or correct as necessitated by misconduct or refusal to obey a lawful command.
TENNESSEE
Sec. 39-15-401. Permits criminal charges against a parent/guardian/custodian who administers "unreasonable" corporal punishment, which causes "injury" to the child.
TEXAS
Family Code Sec. 261.001. Abuse does not include reasonable discipline by a parent/guardian/managing or possessory conservator if child not exposed to substantial risk of harm.
Penal Sec. 9.61. Parent/stepparent/person standing in loco parentis to child is justified to use non-deadly force against a child under 18 when and to degree the actor reasonably believes necessary to discipline, or safeguard or promote child's welfare.
UTAH
Sec. 76-2-401. Force is justified if used for reasonable discipline of a minor by parent/guardian/person standing in loco parentis. Defense not available if caused serious bodily injury or death.
VERMONT
Vermont Supreme Court 2000: Parent has a right to inflict corporal punishment on a child subject to his disciplinary control when motivated by a corrective purpose and not by anger, when not inflicted upon frivolous pretenses, when it is not excessive or otherwise unreasonably inflicted, and when it is not cruel or merciless. State v. Martin, 751 A.2d 769 (Vt., 2000)
VIRGINIA
Virginia Supreme Court: Excessive, unreasonable, or cruel punishment is unlawful. A parent has the right to administer such reasonable and timely punishment as may be necessary to correct faults in children. The right cannot be used as a cloak for the exercise of malevolence or the exhibition of uncontrolled passion on the part of the parent. Punishment must be within the bounds of moderation and reason and for the welfare of child, if due moderation is exceeded then parent is criminally liable. The age, size and conduct of child will be considered as well as the instrument used for punishment and the kind of marks or wounds inflicted on the child's body. Carpenter v. Commonwealth, 44 S.E.2d 419 (Va., 1947)
WASHINGTON
Sec. 26.44.015. Reasonable parental discipline which does not injure child's health, welfare, and safety, including reasonable use of corporal punishment as a means of discipline is not prohibited.
9A.16.100. Physical discipline is not unlawful if reasonable and moderate and inflicted by parent /guardian for restraint or correction….
WEST VIRGINIA
Sec. 49-1-3 . Physical injury can include that which is the result of excessive corporal punishment.
WISCONSIN
Sec. 939.45. Use of force is justified when actor's conduct is reasonable discipline of a child by a person responsible for child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. Never reasonable to use force intended to cause great bodily harm or death, or which creates an unreasonable risk of great bodily harm or death.
WYOMING
Sec. 14-3-202. Abuse means inflicting or causing physical or mental injury to a child other than by accidental means including by excessive or unreasonable corporal punishment. Physical injury means any harm to a child including, but not limited to, disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hemotoma or substantial malnutrition.
Sec. 6-2-503. Same definition as civil abuse definition - definition of physical injuries excludes those as a result of reasonable corporal punishment.
Non-punitive and voluntary spankings
Spanking exists in spheres of life distinct from punishment. Note the issue of legal consent which may or may not represent a defence to criminal liability for any injuries caused during the spanking. Apart from the erotic and from fraternity/sorority-type initiations, which may have their origin in educational (domestic or boot camp) types of discipline, these include:
Folkloristic spanking traditions
In Latvia there is a tradition of spanking on Palm Sunday (called Pussy willow Sunday) morning. The spanker sneaks into the potential spankee's bedroom and wakes him or her up. The whipping is done with pussy willow branches or (rarely) birch. This ritual spanking is often applied to the bare buttocks. Sometimes spanking is done in early morning with aspen tree birch, while people are sleeping naked or in nightgown.
Religious customs
On the first day of the lunar Chinese new year holidays, a week-long 'Spring Festival', the most important festival for Chinese people all over the world, thousands of Chinese visit the Taoist Dong Lung Gong temple in Tungkang to go through the century-old ritual to get rid of bad luck, men by receiving spankings and women by being whipped (as in the Ancient Roman -unisex- Lupercalia); the number of strokes to being administered (always lightly) by the temple staff is decided in either case by the god Wang Ye and by burning incense and tossing two pieces of wood, after which all go home happily, believing their luck will improve.
On Easter Monday, there is a slavic tradition of hitting girls and young ladies with woven willow switches (Czech: pomlázka; Slovak: korbác) and dousing them with water.
Birthday spanking
There is a custom in some cultures to administer spankings to the buttocks of the birthday celebrant. Customarily, the person receives the number of smacks corresponding to his or her age. Also included is "one to grow on," a final swat often harder than the rest.
See also
Spanking implements
External links
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