QUESTION
Can the state charge a parent for being an accomplice to child abuse?
Asked on Sep 15th, 2011 on Criminal Law - California
More details to this question:
When one parent abuses a child, can the state charge the other parent as accomplice? What are your thoughts on this issue?
19 ANSWERS
Yes. If the other parent in any way facilitated the abuse they can be charged.
Answered on Jun 23rd, 2013 at 11:41 PM
Jacob P. Sartz
I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. Speaking generally, yes, the State can charge a parent as being an accomplice to child abuse. However, simply because a person is charged does not mean that they will ultimately be convicted. Anyone charged is presumed innocent until proven guilty and the prosecutor needs to prove any such allegations beyond a reasonable doubt. Child abuse allegations may also draw the attention of DHS or other state protective service agencies, which means that hiring an effective attorney may be vital not only in a pending criminal case but to ensure that a person retains their parental rights as well.
Answered on Oct 06th, 2011 at 2:01 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
It depends upon the particular facts. If the facts of the case justify it, then absolutely the other parent can be charged. Knowing that the abuse is taking place and not doing anything about it can very well be a crime.
Answered on Sep 19th, 2011 at 3:05 PM
Yes, there is a charge for failing to prevent an "injurious environment." So, if one parent actively abuses a child and the other parent turns a blind eye, the second parent can be charged. The charge is only a class two misdemeanor.
Answered on Sep 19th, 2011 at 2:01 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
If the other parent was or should have been aware of the abuse then they too can be charged.
Answered on Sep 19th, 2011 at 1:58 PM
2 Awards
Yes. The State can claim the other parent, through neglect, failed to protect the minor children and charge directly or as you state an "accomplice" (Principal theory).
Answered on Sep 19th, 2011 at 11:11 AM
Whether a person could be charged as an accomplice would depend on the facts and the involvement of the other parent. Another possibility is the other parent could be named in a child protective proceeding for failing to protect the child.
Answered on Sep 19th, 2011 at 11:03 AM
It is possible, but it is very rare for this to happen. Usually a parent is charged for a direct act of child abuse or isn't charged at all.
Answered on Sep 19th, 2011 at 10:34 AM
Assault and Battery Attorney serving Encino, CA
at
RP Defense Law
Update Your Profile
Absolutely! Under California's "accomplice liability" or "aiding and abetting" laws anyone who with knowledge of the unlawful purpose of the wrongdoer commits, encourages, facilitates, aids, promotes or instigates the commission of the crime is criminally liable and will generally face the same criminal charges as the direct wrongdoer.
Answered on Sep 19th, 2011 at 10:09 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
It depends on what the other parent's role is in the matter. It's possible, but more facts would be needed. If the other parent is participating somewhere, knowingly allowing the abuse to continue without taking any action or voluntarily turning a blind eye, it is possible that they could be charged as well. Seek out an attorney and go over the case in more detail for a more adequate answer.
Answered on Sep 19th, 2011 at 9:02 AM
James Lochead
Yes if it can be proven that the other party knew what was going on and failed to report it and take other measures to keep the child safe.
Answered on Sep 19th, 2011 at 8:59 AM
Short answer is yes. They should only do this if they can show that both parents are involved in the abuse. Involvement could be actively partaking in the abuse or knowing of the abuse and not stopping it or reporting it.
Answered on Sep 19th, 2011 at 8:35 AM
Divorce Attorney serving Little Rock, AR
at
Law Office of Kathryn L. Hudson
Update Your Profile
The more likely scenario is that the other parent could be charged with negligence and child endangerment for not stopping the abuse. To be an accomplice requires an agreement to commit an illegal act.
Answered on Sep 19th, 2011 at 7:28 AM
Daniel Kieth Martin
Yes the other parent can and usually is charged either as an accomplice or a separate and distinct charge of failing to protect.
Answered on Sep 19th, 2011 at 5:51 AM
Drug Crimes Attorney serving Philadelphia, PA
at
Laguzzi Law, P.C.
Update Your Profile
Yes. I have had clients charged when they are the parent that did "nothing to stop the abuse." Under the conspiracy theory, they are just as gully as the abusive parent and the jury can find them guilty.
Answered on Sep 19th, 2011 at 5:50 AM
Michael J. Breczinski
It depends on the circumstances but conceivably yes. Each parent has duty to protect htd child and if one lets the abuse go on and does nothing they could be charged.
Answered on Sep 19th, 2011 at 5:49 AM
3 Awards
Yep. You have a duty as a parent to report the other. Same thing as in sexual abuse, you commit a crime by knowing and not telling. I'd warn the other parent, and then absolutely go straight to CPS.
Answered on Sep 16th, 2011 at 4:08 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
The state can charge the parent who does not actually abuse the child with failure to report the abuse, failure to obtain medical treatment, and if the person stands as a lookout or in some manner covers up the abuse - it is possible to charge them as an accomplice. I do not see it being any different than a person who stands as a looking while shoplifting is occurring and they get charged all the time.
Answered on Sep 16th, 2011 at 3:53 PM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
If they can prove you knew about it and did nothing to stop it, yesyou can be charged. However, it is unlikely. Get the abuser out of your life.
Answered on Sep 16th, 2011 at 3:53 PM