Posted: May 18th, 2017

Matthew and his ex-wife had been divorced for two years. They had joint custody of their young children and the children often spent weekends away with their mother

Matthew and his ex-wife had been divorced for two years. They had joint custody of their young children and the children often spent weekends away with their mother. On several occasions, after they returned to his home, Matthew noticed burn marks on his daughter’s arm. When he asked his daughter about this, she said that sometimes she was a bad girl and her mother had to punish her. Matthew knew that his wife had been violent with the children in the past. However, he was scared of starting another custody battle with his ex-wife because she had threatened to “dig up some dirt” on him. Matthew did not bring up the issue with his ex or with anyone else. Can Matthew be held criminally liable for the harm to the child? (A) Yes, because of his special relationship with his children, Matthew’s failure to act makes him responsible for their abuse. (B) Yes, because he chose to become involved when he asked his daughter about her injuries. (C) No, because Matthew had no affirmative duty to act and he had no direct role in inflicting the abuse. (D) No. Matthew’s ex-wife is the truly culpable party in this situation.