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Divided court upholds principal’s conviction of failure to report child abuse

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A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.

 A fellow student brought 16-year-old G.G. to the assistant principal’s office, where G.G. told Kathy McCord she had been raped by student S.M. in a bathroom at the school. McCord went to Smith and told him of the allegation. At the time, G.G. had been found a child in need of services and was a ward of the Madison County office of the Indiana Department of Child Services. She resided, by court order, at the Youth Opportunity Center in Muncie.

Smith and other school leaders decided to investigate the claim before alerting police or the Department of Child Services because G.G. had allegedly previously faked a seizure and they did not want to ruin S.M.’s reputation. The school immediately called the YOC to get consent for medical treatment; Smith believed by calling YOC, DCS would be notified. Smith called DCS approximately four hours after learning about the incident and told the agency he wasn’t sure if he was reporting abuse.

Smith was charged with failure to immediately report child abuse or neglect. A divided Court of Appeals upheld his conviction.

At the heart of Smith’s appeal is whether he knew the alleged rape constituted child abuse, which would require him to immediately contact DCS or law enforcement. Justices Steven David, Mark Massa and Loretta Rush affirmed, holding if Smith’s mistaken interpretation of the law were a defense to his criminal liability, it would remove all incentives from professionals to understand the scope of the statutory duty.

“It would tacitly encourage administrators and other professionals to simply not read the statutes in full because, to sum up Smith’s defense: if you just don’t learn what child abuse is, you’ll never get in trouble for not reporting it. It would reward systemic ignorance in entire school districts and corporations, to the obvious detriment of the very children the statutes are supposed to be protecting. And it would turn the high school principal’s decision-making process, when faced with a traumatized child, into a Bar exam question,” David wrote in Christopher Smith v. State of Indiana, 18S02-1304-CR-297.

Justice Robert Rucker dissented, to which Chief Justice Brent Dickson joined, regarding this point. Rucker noted the charged offense requires reference to no fewer than five separate statutory provisions contained in two different titles and four different articles of Indiana Code. Rucker said the critical inquiry is whether Smith knew or should have known that rape of a minor student by another minor student constituted “child abuse.” The evidence is clear, Rucker wrote, that Smith did not.

The four-hour delay in reporting the incident was not considered “immediately” as the statute requires. The term “immediately” is not unconstitutionally vague as applied to his reporting duty under I.C. 31-33-5-1, David wrote. In addition, Smith’s phone call to the YOC was not a report pursuant to the statute.  
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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