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Can some one physically hit autistic child

rams said:
I live in canada .I'm not sure how the rules are here.
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Is using physical force on children an exception?

Yes. Section 43 of the Criminal Code of Canada allows the use of some physical force if the purpose is for disciplining a child under the age of 18. Only parents or people who are in the place of a parent (for example, a step-parent) can be excused if they use reasonable force on a child for discipline.

The Supreme Court of Canada studied this law in 2004; the citation for the case is: Canadian Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76. This handout explains the rules that the Supreme Court of Canada made on when and what is legal when disciplining a child; this is the current law in Canada.

http://jfcy.org/en/rights/corporal-punishment-aka-spanking/
 
There are also provincial and territorial laws about child abuse, so even if something is not a federal offence under the Criminal Code, that does not mean that it is not considered abuse under provincial/territorial laws -- does not mean that child protection cannot intervene to stop what is happening if it is considered abuse under provincial/territorial law.
 
the_tortoise said:
There are also provincial and territorial laws about child abuse, so even if something is not a federal offence under the Criminal Code, that does not mean that it is not considered abuse under provincial/territorial laws -- does not mean that child protection cannot intervene to stop what is happening if it is considered abuse under provincial/territorial law.
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I get the impression both Canada and the US probably have the same intent and specifics when it comes to the interpretation of terms like "reasonable" and "ordinary" force used by a parent or guardian against a child.

Though I agree, such laws are not intended to suppress any act of abuse. However it still leaves such considerations subject to the authorities to interpret whether or not the use of force by a parent constitutes a crime.

Personally I'm apt to cringe whenever I see a parent or guardian hitting their child in public.
 
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Judge said:
Is using physical force on children an exception?

Yes. Section 43 of the Criminal Code of Canada allows the use of some physical force if the purpose is for disciplining a child under the age of 18 Only parents or people who are in the place of a parent (for example, a step-parent) can be excused if they use reasonable force on a child for discipline.

The Supreme Court of Canada studied this law in 2004; the citation for the case is: Canadian Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76. This handout explains the rules that the Supreme Court of Canada made on when and what is legal when disciplining a child; this is the current law in Canada.

http://jfcy.org/en/rights/corporal-punishment-aka-spanking/
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:eek:
 
You have to wonder with an angry parent at that point in real-time when they lash out physically against their child, being totally aware in the moment of it being some form of a measured, "reasonable" response within the scope of such laws. Yeah- :eek:
 
What is “reasonable force”?
click to copy link
The law allows for corrective force that is “transitory and trifling”, which means minor corrective force or the mildest forms of assault. Parents or a person in the place of a parent can NOT:

  • use force on a child under 2 years old or on a teenager,
  • use force that causes harm or might cause bodily harm,
  • use force because they are angry, frustrated, have lost their temper or because they have an “abusive personality”,
  • use any object – like a belt or ruler or hairbrush,
  • hit a child on the head,
  • do anything degrading, inhumane or harmful (this might include taking clothes off or spanking in public), or
  • use force on children who have disabilities which make it hard for them to learn.
The police must use this definition as a guide in deciding whether to charge a parent with assault. If a parent or person in the place of a parent does something that is on this list, that person can be charged with assault.

Thanks for all replies and suggestions. I would take appropriate action if its repeated again. points in bold apply to her
 
To answer the OP's original question, I would have to say, absolutely not. It is never okay to hit or physically (or emotionally) harm a child for any reason, regardless of their neurology.
 
There is no excuse for corporal punishment, on any kid, ever. As tempting as it may be when someone frustrates the hell out of you, you’re an adult. You’re supposed to handle things in a mature way.
For your wife, this means no more punishing the kid. Try positive reinforcement instead.
For you, this means not standing by idly while your wife is traumatizing your child. As parents you’re supposed to protect your child to the best of your abilities, and to prepare your child for life out there. You should not allow your wife to do this. Also consider the example you’re setting: by not intervening, you’re teaching your child that this is normal parenting, and your child could even pick up on the message that you’re choosing your relationship with your spouse over your child’s wellbeing. That’s not okay.

Time to step up.
 
Yes, you can hit an autisitic child, or any child or person, but it is illegal and very wrong to do so.
 
My dad used to hit me when I was a kid and I broke the (unwritten) house rules, whether that was fighting with my siblings, climbing on the windowsills or other things - either on my hand or on my backside, with him either using his hand or a wooden spoon.
It was extremely painful and while I feel it did make me less likely to break our house rules out of not wanting to be smacked, I still grew up with a fear of my Dad.
Today, I respect him but I'm still scared of him at times - especially if he loses his temper at something as I don't like shouting.

Unfortunately, I have times where I almost instinctively act like my Dad does when I lose my temper and I do worry that I'd end up emulating his method of punishment on my nieces/nephews if the correct circumstances arose. This is one of the reasons I don't want kids as I'm scared of what I could be capable of - especially if I did lose control.
 
I'm not even fixing to touch this topic, really sensitive one here, but I will add this: I was spanked as a child along with the rest of my family growing up. Did it work? Questionable, can't speak for the rest of them but I'll go on and say "yes" for myself. Had it not happened, what would be the result today? You tell me, I can't answer that question.
 
Can they? Yes. Should they? No! God, no. My child, like me, is Aspergesic. I've spanked him twice, and it was a complete mistake. At the time though, it seemed appropriate (he had hit his little cousin AGAIN after being warned repeatedly not to). I even had tears in my eyes and said, "Son, WHY are you making me do this? I don't want to. But I told you if you did that again I would spank you. That was supposed to make you not do it!" It was unnecessary & I really regret it. He DID deserve punishment, but surely there's a more enlightened approach. I haven't done it since & never will again.
 
Progster said:
Yes, you can hit an autisitic child, or any child or person, but it is illegal and very wrong to do so.
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Completely and utterly WRONG IMO.

As soon as you even raise a finger to ANY child, whether they're Autistic, NT or an elephant, that child should be removed from your care IMO.
 
Chance said:
Exactly how I feel, so I don't hit, threaten, or scream at anyone ever. I hold it in an worry over it, which is unhealthy also.
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It isn't always so simple. When a severely autistic child nearly kills his toddler sibling over silly nonsense or as collateral damage, a parent can't sit back and do nothing, regardless of the autistic child's motivation.
 
Not sure hitting any child (Whether child is Autistic or not) is ever the answer or a means of punishment.
 
When my daughter last bit me (around 12yo), I did not punch her out, but I found less intense alternatives to get her to release her pitbull grip and encourage her to not do it again.* It isn't an all-or-nothing proposition.

If she were to bite a police officer (now, at 23yo), I would prefer that they resort to a non-lethal defense rather than a lethal one.

*She still desires my company, otherwise.
 
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