a crime is a game is a context

While it doesn't have much to do with Obamacare, I'm nonetheless fascinated by the public reaction to a YouTube video that's gone viral, showing a woman dragging her leashed toddler through a Verizon store.

Many people are outraged, and they're calling for harsh punishment. The woman is charged with felony child cruelty and she faces up to 20 years in prison. Opinions vary, though, and even CNN's legal analyst is puzzled:

"I really need to know more facts in this case," Legal analyst Lisa Bloom told CNN, when asked if this is a felony. "It certainly looks awful in the video because it appears that the collar and the leash are around the child's neck. But the child isn't fighting. The child doesn't appear to be in any pain. And I can remember when my daughter was little what she thought was a good time was to clamp onto my ankle and I would drag around the living room and she thought that was better than Disneyland. I need to know if is there was some serious physical harm before I can decide if this is a felony or not."
Leashes on children are surprisingly common, and while they are not illegal, I'm sure that this incident will be fuel for new laws.

While most people seem to be outraged at the woman, this report about the incident drew comments from conservative talk radio listeners, who seemed mostly on the side of the mom. Fascinatingly, when the police tracked her down, she claimed that the boy enjoyed it:

(WSB Radio) An Alabama woman is under arrest, charged with cruelty to children after being caught on video dragging her son on a leash.

37 year old Melissa Means was in a Verizon Wireless store in Rome when witnesses, and an employee, spotted her dragging the boy on the leash that was attached to his monkey backpack. The employee captured the episode on video.

When police tracked her down, Means dismissed the incident, saying the boy liked being "dragged around by his monkey."

Means, of Gaylsville, Alabama, told officers she suffers from lupus and pneumonia and had been having trouble with the boy. When he refused to walk she tried picking him up, but could not. That's when she started pulling him by the leash.

Rome Police Officer Keith Greene says the child had a bruise on the left side of his neck, caused by the backpack strap.

DFACS was contacted and conducted an investigation into the incident. The boy was eventually released to the custody of his grandmother.

After reading that, I watched the video carefully, and I noticed that the kid has his right leg straight out, with his foot positioned sideways as if he's using it as a rudder to steer. This would at least raise the question of whether he's quite accustomed to being dragged around (and might tend to support the woman's position that he enjoyed it).

Suppose for the sake of argument that he does enjoy it. What are the implications as to whether it's child abuse? How is that to be judged? By the external standards of others? Or by the parties involved? What if the kid enjoys acting like a pit bull puppy?

Should a child be allowed to consent to being dragged by his mom? Or are the implications of such a question too unpleasant to contemplate? When I was in school, I used to wrestle, and it could get pretty violent. I enjoyed it when I won, but not when I lost. But at all times, I consented to the violence. But because I was legally a child, I was probably not really allowed to consent in the legal sense, and what was happening was that others (the school authorities and my parents) basically consented on my behalf. I will never forget one occasion in which I was in a wrestling match against a military school, and I sensed that my obviously effeminate opponent was not consenting of his own free will (which I was), but he was being forced to wrestle by his brutal wrestling coach, who slapped him in the face after the pre-match pep talk. The boy appeared to me to be in a state of shock, as he was glassy-eyed and seemed to be fighting back tears. He offered zero resistance, and as I took him down, he went limp immediately and simply whined "Owwwwwww!" as I pinned him. Consent? Frankly, at the time I thought he was being abused (and I was a little shocked by my own role in the abuse), but who was I to judge the inner motivations of perfect strangers, simply because they were suddenly thrust in the arena with me? My job was to "win," but the situation seemed surreal.

As to to why an effeminate boy would be forced to wrestle even though he didn't want to, there was nothing unusual about a sissy being sent to military school in those days. They were sent there by concerned parents to be forced to "butch it up" (along with thuggish juvenile delinquents whose affluent parents had made deals with judges to avoid the state reformatory).

So, even though I had apparent context (because I was there and right in the middle of the situation), at the same time I lacked context, because I didn't fully understand the dynamics. I did not know my "opponent," or his story, or his background, and it was only later that I came to suspect that I had been an unwitting dupe in what must have been an unpleasant, if not traumatic, experience for him. (I realize others might see it differently, but I seriously, seriously doubt I helped "make a man out of him.")

The point is that context is everything in analyzing such situations, and sometimes we lack context even in situations in which we are direct participants.

Most people think that YouTube "caught" the child-dragging incident and that ends the inquiry. But I feel that I have no idea what might have really been going on. If the kid actually saw his being dragged by his mom as a game, well, it could still be argued that such a "sport" is inappropriate for child raising. But the fact that they've been caught and put on YouTube takes the game to a whole new level. The family is in the arena now, and the boy may well be taken away from his mother while she goes to prison.

What kind of game is that?

posted by Eric on 08.16.09 at 12:19 PM





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Comments

This seems pretty ridiculous. Hell, my brother and I did worse to each other growing up.

TallDave   ·  August 16, 2009 02:53 PM

I think we have way more important things to be worried about.

Larry Sheldon   ·  August 16, 2009 03:37 PM

And it occurs to me that unless she drags his head into a curb stone, that is likely to do way less damage to the kid (not so clear about the pants) than dragging him around by an arm would.

Larry Sheldon   ·  August 16, 2009 03:40 PM

Dragging an uncooperative child is part of parental authority. Many children of young age are very difficult. Now I would not have done that in public. I remember picking a screaming boy , slinging him over my shoulder as he kicked , screamed and hit me the whole time, because he did not get what he wanted.

RAH   ·  August 16, 2009 06:16 PM

RAH is right. Was the kid having a temper tantrum? If he was screaming, and too heavy to lift along with mom's bags, I don't see anything wrong with dragging him out of the store.

I get the feeling that for every outspoken person "outraged" at this, there are a hundred silent parents who side with the mom.

SteveBrooklineMA   ·  August 16, 2009 07:39 PM

I'd have to know more, but the kid doesn't look injured, and I know how kids can behave in public.

They often make you literally drag them in or out of a place.

Unless the kid is truly injured, leave Mom alone.

Laura Louzader   ·  August 16, 2009 09:38 PM

And regarding leashes for kids... I wouldn't hesitate to use one.

A toddler can get away from an adult very quickly and run into traffic, or disappear altogether, especially if the adult's arms are loaded.

Critics should shut the hell up and lawmakers should back off. They're not the ones who will die of guilt if the kid runs in front of a speeding car.

Laura Louzader   ·  August 16, 2009 09:40 PM

I was on a leash growing up. It was not that unusual. It keeps kids from getting lost or snatched.

M. Simon   ·  August 17, 2009 01:32 PM

Assuming leashes are becoming more common (I've been noticing them), then I do think we should probably make neck collars illegal. While it's probably relatively safe, a body harness would probably be much better.

I'd just hate to see the inevitable accident occur with a neck collar.

Of course, for the sensitive folks out there, I'd imagine there could be some feelings of making humans as slaves or animals, but the simple pragmatism of keeping a three year old safely on a leash outweighs that.

bellisaurius   ·  August 17, 2009 02:42 PM

I had heard that the kid was covered in carpet burns. If that were true, then I'd be more inclined to think of this as abuse. But it sounds like the more information that comes out the less there is to the story...

Bolie Williams IV   ·  August 17, 2009 05:13 PM

In principle I don't like leashes. There is a tendency to get complacent with them and not quite notice what the kid is getting into.

That said, there are kids and situations that call for leashes. Neither of my kids was hyperactive or really the sort to get into trouble willy nilly.

However, they were normal toddlers who got upset over -- for instance -- very long international travel. And who, when bored or angry could take off running.

Faced with losing the older kid at about a year of age during an international layover, I leashed him on the back of his overalls. And don't you know it, in Paris he decided he didn't want to walk. I dragged him on his butt across most of a terminal (mind you, he was still diapered, so there was no real friction). He still talks about it as great fun (he remembers it.) Those pants were NEVER the same again. It strikes me as very odd fun, but then I remember being two or three and enjoying being rolled up in a carpet and dragged or carried around the house by my much older cousins. I think if the kid isn't harmed, people should butt out. What's next? We can't tickle our kids? Or belly-raspberries traumatize toddlers?

Portia   ·  August 17, 2009 06:19 PM

I would have definitely preferred being dragged around to what my dad would have done to me if I'd refused to walk cooperatively (and mind you, I think he would be completely justified). If a kid dislikes being dragged enough, he'll get on his feet. As long as the kid isn't hurt in any medically significant way (more than what one could expect by regularly playing outside), I say leave the mom alone.

John S.   ·  August 18, 2009 01:05 PM

The thing is, we allow peers and relatives to do to children things, that we wouldn't allow strangers or government employees to do.

The official guidelines in Child Psychiatric clinics and hospitals here in Finland require five adults to physically constraint a child, if such constrain is needed. When a parent needs to constrain a child, there usually aren't five trained nurses around, but he/she needs to just act.

Maybe we trust, that parents that really genetically care about their children, won't do anything too horrible, but we need to keep close watch on institutional mistreatment of children.
...

Now, when someone is demandind that the child is taken from his mother, do they really understand the relationship. If someone who cares about fair treatment of all persons would observe the my relationship with my girlfriend, I bet he/she would demand that we would be separated from each other, because there are occasional youtubebable episodes of cruelty, Cruelty that no one would tolerate from strangers, but almost everyone tolerates from their family members.

Paavo Ojala   ·  August 22, 2009 04:21 PM

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