Family Matters

Is Corporal Punishment Child Abuse?

When does corporal punishment tip the scales from discipline into abuse? In 2024, the Pennsylvania Superior Court took a stand on this inquiry and decided that repetitive acts of punishment, which were intended to cause terror, could result in a finding of abuse under the Protection from Abuse Act.

The example used by the Superior Court was Smith obo M.T. v. Thomas, Sr., 328 A.3d 1121 (Pa. Super. 2024). The facts surrounding this case are saddening. The Defendant, Thomas Smith, and his son, M.T., were staying with the Plaintiff, Lacy Smith, for a short period when they were homeless. During this time, Lacy witnessed numerous occasions where Thomas screamed and cursed at the child. Then, a few days into their stay, Lacy saw Thomas beat the child repeatedly. On the night of the beatings, Lacy’s son had clogged the toilet in the home. Prior to Lacy having the opportunity to unclog the toilet, M.T. told Thomas that he had to use the bathroom. Thomas told the child he could use the toilet if he did not flush after he was finished. Despite this instruction, the child flushed the toilet, creating an overflow in the bathroom. This upset Thomas, who then began beating the child repeatedly. During these beatings, Thomas threw the child on the bed and continued to hit him. Thomas stopped striking the child momentarily but then returned to the room and proceeded to hit him until Lacy intervened. After Thomas stopped hitting the child at Lacy’s request, he then proceeded to threaten the child, telling him, “[d]on’t you think this is over, boy. You are going to get it later tonight.” After Thomas left the room, Lacy asked the child whether Thomas had hit him like that before, and the child confirmed that he had. As a result of the beatings and the other cruel acts she witnessed during their stay, Lacy filed a Petition for a PFA order against Thomas, and the case was scheduled for a hearing.

At the Protection from Abuse hearing, Lacy’s neighbor also testified about the night in question. She stated that Thomas entered her home that evening shortly after the incident, requested a cigarette, and told her multiple times that he had just beaten the child. When questioned about his statements to the neighbor, Thomas admitted that he had told her that he had beaten the child, but that “beat and discipline is no different.” Thomas further defended his actions by arguing they were nothing more than corporal punishment and that he was merely disciplining the child for disobeying him. He claimed that he had not thrown the child on the bed but grabbed him, put him on the bed, and smacked his behind. He also argued that his smacks were not abusive because they were open-handed and left no evidence of bodily injury or bruising.

Ultimately, the trial court was unpersuaded by Thomas’s attempts to disguise his actions as corporal punishment and entered a final PFA order that prohibited him from having any contact with Smith and M.T. for a period of two years. When the case went up on appeal, the Superior Court emphasized that the beatings were severe, repetitive, and malevolent, and that it appeared that Thomas would have continued to hit the child had Lacy not intervened. The Court also noted that despite the child’s cries, Thomas taunted the child further, threatening to continue the beatings later in the evening. Then, showing no remorse, Thomas bragged to the neighbor about the beatings shortly after the incident had occurred.

With these facts in mind, the Superior Court agreed with the trial court’s decision to enter a Protection from Abuse Order, giving parents in Pennsylvania a more definitive standard to follow if they opt to physically discipline their children.

If you have concerns about a parent or guardian’s treatment of a child, please contact a member of our team to see if they can help guide you through the process of filing a Petition for Protection of Abuse.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.