What Constitutes Abuse Legally, and possible actions to take

      Since minors have few legal rights, nor resources they are in a more disadvantaged state when abused, and may fear retaliation if they are trying to escape (something the abuser may be threatened by most). A minor might fear physical violence if he/she is seeking help for abuse in which there cannot be legal evidence (verbal abuse). Sadly, it seems like the only evidence a minor can show of abuse is the marks left on the minor (at least), and on the hand of the abuser. However, I think the tape recording of verbal abuse might be legally admissible, in court, to aid a case for emancipation. There is no legal restriction on the recording if one party is consenting. Indeed, that is why drug dealers can be prosecuted from an incriminating audio/video tape. However, I am not sure as I do not know if a minor can legally be that consenting party. However, if what happens behind closed doors could become open knowledge, then that might incur social pressure on the abuser to change. For example, tape recordings of verbal abuse could be sent to friends and family to shed light on the facts. Or, a person could be in possession of a tape recorder at all times to see if the problem goes away without actually playing that all important card.

      Clearly, an abuser can use fear to keep another person under control. You might see it in a case of a women being abused by a member of a gang, when she faithfully protects him with her silence for fear of retaliation. In some cases a person will cling to the abuser in the hope that maybe this time he/she will do something right and please the abuser. If only a program like the Witness Protection Program could exist for them.

      Spanking as "training" or physical abuse?

      The world is making progress by becoming aware of spanking as a form of physical abuse. On May 19, 1996 Italy's Supreme Count ruled that corporal punishment is no longer an acceptable way to discipline children, and proceded to uphold the conviction of a man who spanked his 10-year-old daughter with a belt.
      The case began in 1990 when a girl in a small, northern town went to police and complained that her father hit her with his belt for doing poorly at school. The man was sentenced to 20 days in jail, though it was unclear if he would have to serve it as, in Italy, light sentences for first convictions are often suspended.

      "Punitive measures whether administered by police, teachers, spouses or parents have well-known standard effects:
      (1) escape -- education has its own name for that: truancy,
      (2) counterattack -- vandalism on schools and attacks on teachers,
      (3) apathy -- a sullen do-nothing withdrawal. The more violent the punishment, the more serious the by-products."

      B. F. Skinner, Ph.D., author, Professor of Psychology,
 Harvard

      Making a point by inflicting physical pain is undesirable, and poor message to send. An enlightening overview by "Parents and Teachers Against Violence in Education" (PTAVE) called Plain Talk about Spanking offers beneficial reading for people everywhere. And, Spanking - a shortcut to nowhere... is a psychologist's compelling look at why people spank, and the ill affects.
      I would, also, point out that in cases when a child is not getting enough love from their parents they may do things that will bring about a spank, just to get the attention they are not getting in a positive manner. Also, some parents would define a child as anyone who is under 18, and would, also, proceed to spank a teenager. In some cases the rational is do to extreme religious beliefs, though the believer in that same religion in Europe would only spank up to age 16 due to European definition of adulthood as age 16. In these cases it is clearly physical abuse, and should be dealt with as such by any person aware of it.

      It is a role of the dice as to what state care for abused youth would be like. Foster homes have all kinds of kids coming through, and would probably come on with a set of hard line rules that must be followed to get along. Also, If you are not being sexually abused, then you might want to consider if you want to take the chance of Foster Care because a small percent will sexually abuse, especially the younger, and more helpless child. Also, a female is probably more at-risk. In fact, if you are not being sexually abused now, would you accept any chance of sexual abuse for what could be a questionable upgrade in your quality of life.
      An alternative home like Childhelp in California is a major step in breaking the chain of abuse, and another option for abused children might be to go to a safe shelter like Covenant House as the people running the shelter are nice religious people (non-sexually abusive). Although, they will (and legally must) identify a person, and notify the parents. If you cannot show evidence of abuse then you would no doubt be sent home, except maybe in the case of the parents rejecting the return. If you have been physically beaten by them, then you will be allowed to stay. However, if the abusive parents went to a counselor and become "changed", and convinced a counselor to help them, they might be able to return a minor. Even the good people at the shelter might want to assume the best, and want to have faith that the parents would provide a good home.

      Is there a way a minor can assume the rights of the majority?

      Only in special cases in which the court will emancipate a minor, but a minor must prove that he/she is able to assume the responsibilities of adulthood by having the opportunity, and desire to work for a living. Also, he/she would need the services of a lawyer, if one or both parents do not support the idea of emancipation. A lawyer would not be necessary if both parents are in agreement as is the case when young movie stars are emancipated so that they can work longer hours.

      As far as leaving without dual parental permission, look at it this way. If you are not being physically abused, now, would you accept that risk of physical violence by venturing out alone? Note, if you have been physically abused you can choose state care. There are emergency shelters that exist for youth in crisis.

      Note, the Job Corps, and the military are a few of the good structured programs available to youth age 16-24, but there may even be another opportunity for young people of all ages, who are willing to get a job to help support themselves, in an alternative home. See emergency shelters under Links. The military, however, offers a 16-17 year old a more truly successful opportunity. In the military a person can be a shining success in life, and lets face it you deserve that. It's best not to throw the baby out with the bath water by unwisely taking out alone. Otherwise, would you be throwing away life for someone who does not deserve to have that lasting control?

      Legally, it's interesting that a minor can legally be declared an adult if he/she can support him/her self for 6 months, and present a judge with that fact. Though, for that six months a person would not have sufficient legal rights, and would be hanging by a thread. Poverty, and the constant threat of crime would be their companions. Unless a minor actually had enough savings to last for six months in a nice hotel, and possibly had a reference who would vouch to the fact of six months residence (hardly likely). It is tough for anyone to go out on their own even when everything is going for them, so it would probably be even harder to leave home at an early age into a non-structured potentially hazardous world. And, a person should not think crime will not happen to them (if people know they are vulnerable, and they are in a low income area) as you can look no farther then human nature, in something as small as a sport, to see how people will cheat to take advantage of the other.

      The only hope of making it, in a non-structured system, with any safety, would be to get together with a group of young people, and rent a house, or have someone who has reached 18 rent the house, and pool your money to pay the bills (thousands do this nationwide). We often here of illegal immigrants taking jobs away from American workers, and these jobs (slave-like labor, poverty insuring, and crime threatening) are available to youth.

      You may want to subscribe to the youth rights mailing list if you are interested in similar topics as this is where people talk about youth related issues (including the above example). Read a news story about a slave labor farm in Michigan, where, sadly, kids are willing to work 62 hr./week picking fruit.

      For a nice bundle of information with pointers to resources in book form on the prevention of child abuse, ask for your free copy of "You Can Prevent Child Abuse".
      write to:
      National Committee for Prevention of Child Abuse
      332 S. Michigan Ave.
      Chicago, IL. 60604

      Click here for a list of youth Helpline numbers.

      Also, find out how you can help prevent the death of every third baby.

      Increase your awareness by seeing the face behind this story of abuse which Arthur himself writes about, and continues to face. And, see the double standard of youth oppression clearly by reading,
      "Are Children Property?".

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