State v. Wilder

748 A.2d 444 (2000)

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Nature of the Case

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Facts

D's son came to stay with him during spring vacation. His son was nine years old. The son was the only witness to the events. D and his son were playing a board game when D grabbed the boy and told him to shut up as he was talking too much. D squeezed his son hard enough to hurt him. The same type of incident happened about two days later, but the pain was greater. The third assault was when D grabbed the boy by the mouth and claimed that his son was exaggerating and then squeezed it and told him to shut up. When D grabbed his son the three times, he caused transient pain and minor temporary bruises. When the son returned home, the mother took immediate action. The defense requested an acquittal arguing justification for parents using force to prevent or punish misconduct of their children. The court determined that an assault had been proved and that parental control justification did not apply herein. D was found guilty sentenced to prison and then could have no contact with his son as a condition of probation. The harsh sentence was motivated by the court's concern that D had been convicted of gross sexual assault against his daughter. This appeal resulted.