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27 N. Ky. L. Rev. 689 (2000)
The Psychological and Emotional al Abuse of Children: Suing Parents in Tort for the Infliction of Emotional Distress

handle is hein.journals/nkenlr27 and id is 705 raw text is: THE PSYCHOLOGICAL AND EMOTIONAL ABUSE OF CHILDREN: SUING PARENTS IN TORT FOR THE INFLICTION OF EMOTIONAL DISTRESS Dr. G. Steven Neeleyl You see, I must repeat again, it is a peculiar characteristic of many people, this love of torturing children, and children only. To all other types of humanity these torturers behave mildly and benevolently, like cultivated and humane Europeans; but they are very fond of tormenting children, even fond of children themselves in that sense. It's just their defenselessness that tempts the tormentor, just the angelic confidence of the child who has no refuge and no appeal, that sets his vile blood on fire.2 Someday, maybe, there will exist a well informed, well considered, and yet fervent public conviction that the most deadly of all possible sins is the mutilation of a child's spirit.3 There is considerable recent literature regarding the infliction of emotional distress.4 There is similarly no dearth of commentary concerning child abuse.5 I. Dr. Steven G. Neeley is an Associate Professor of Philosophy at Saint Francis College. He maintains private practices as both a psychotherapist and an attorney. He received his B.S.B.A. from Xavier University and holds a J.D., M.A. and Ph.D. from the University of Cincinnati. 2. Fydor Dostoevsky, The Brothers Karmazov, in A MODERN INTRODUCTION TO PHILOSOPHY 458 (Paul Edwards & Arthur Pap eds., 1973). 3. Victor 1. Vieth, The Mutilation of a Child's Spirit: A Callfor a New Approach to Termination of Parental Rights in Cases of Child Abuse, 20 WM. MITCHELL L. REV. 727 (1994) (quoting Erik Erikson). 4. See generally Eric S. Fisher, Aidsphobia: A National Survey of Emotional Distress Claims for the Fear of Contracting AIDS, 33 TORT & INS. L.J. 169 (1997); Mark McLaughlin Hager, Harassment as a Tort: Why Title VII Hostile Environment Liability Should be Curtailed, 30 CONN. L. REV. 375 (1998); Janet H. Smith, Increasing Fear of Future Injury Claims: Where Speculation Carries the Day, 64 DEF. CouNs. J. 547 (1997); Hon. Leon D. Lazer, Tort Law, 14 TOURo L. REV. 459 (1998); F. Patrick Hubbard, Making People Whole Again: The Constitutionality of Taxing Compensatory Tort Damages for Mental Distress, 49 FLA. L. REV. 725 (1997). 5. See generally Jolene M. Lowry, Family Group Conferences as a Form of Court-Approved Alternative Dispute Resolution in Child Abuse and Neglect Cases, 31 U. MICH. J.L. REFORM 57 (1997) (proposing that outcomes reached by agreement of the parties is more beneficial than litigation in child abuse and neglect cases); Steven W. Huang, For the Love of a Child: Christian Science v. Medicine, 44 MED. TRIAL. TECH. Q. 135 (1997) (suggesting that courts are becoming less tolerant of Christian Scientist parents who deny conventional medical treatment to their children); Karen L. Ross, Revealing

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