Скачать или смотреть Child abuse cases in Huntsville and Madison County, Alabama

Child Abuse cases in Alabama

When we talk about child abuse in Alabama, we need to distinguish between cases involving sexual abuse of a child, and physical abuse of a child.

This video is about physical abuse cases, specifically Alabama's laws regarding the torture or willful abuse of a child under the age of 18 years by a responsible person.

These laws are found Alabama code section 26 -15 - 3

Alabama judges and prosecutors are very protective of children.

The punishment for child abuse is from a year and one day the state penitentiary to 10 years in prison.

The crime of Aggravated Child Abuse is either a class B or a class A felony depending on the nature and circumstances of the case.

The punishment ranges from a low of two years to life in prison.

Of course, not everyone accused of this crime is guilty. And even people who have committed this crime can sometimes do things to minimize their consequences.

To prove someone guilty of child abuse the state must prove a child under the age of 18 was in some way, intentionally or willfully tortured or abused.

These cases tend to fall into a few basic categories:

First are those cases in which somebody is accused of having maliciously tortured or abused a child.

When we talk about the kind of case, the defense is almost always some version of "I didn't do it".

It may be someone else is responsible for the injuries, it may be that the injuries were accidental or that the child suffers from certain medical conditions that imitate child abuse.

If it's a case where the explanation has to do with medical condition, it's necessary to have someone qualified to testify that the medical condition mimics the abuse.

There are a number of medical conditions such as brittle bone syndrome and others that can result in false allegations of abuse.

When the defense is that the injury occurred accidentally. We look to see what evidence there is to support it.

For example, years back there was a case in which a child had severe burns to its feet and ankles from having been placed in scalding bathwater.

The defense was that the accused had never given this child bath and the water heater was defective producing water far above the listed temperature.

In other words, the water heater may have said that the temperature was 80° but it was closer to 120 °.

The accused person didn’t know this and they were not experienced in childcare.

When the accused dipped the child in the tub, the child started to scream and was immediately removed …but not fast enough to keep the child from getting scalded.

Eventually, the accused was acquitted but only after it was established the injuries were the result of an accident, not abuse.

Another category is when a child has truly been abused but the wrong party has been accused.

This sometimes occurs in situation the actual abuser is trying to place the blame elsewhere to protect themselves. Success in a case like this depends heavily upon the evidence available.

The other category of cases is those in which an accused has done something wrong resulting in criminal charges. Many of these people never dreamt they would be accused of harming a child. Many of these are cases where a caregiver went too far.

Sometimes these cases are resolved without the necessity of a trial yet still avoiding a conviction. For example, sometimes loving parents simply discipline a child too severely resulting in bruises or injuries. Under these circumstances an accused attending parenting classes may help achieve a better result.

Of course, there's no one-size-fits-all answer. Each case is different.

What you do if somebody you love is accused of this crime?

First, contact a competent lawyer. The sooner an appropriate lawyer gets involved, the sooner that lawyer can begin the necessary steps to seek a reasonable resolution,

Of course, if you find yourself in a legal jam and you'd like our help, give us a call.

Here is the law pertaining to this issue:

Alabama Code 26-15-3. Torture, willful abuse, etc., of child under 18 years of age by responsible person

A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.