Three daycare attendants in New Taipei City were last week each handed a four-month suspended sentence for punishing a child by placing turtles on his body.
The incident on May 8 last year involved three caregivers surnamed Chen (陳), Kang (康) and Lin (林) at the Wenlin Public Daycare Center in Shulin District (樹林).
After the two-year-old refused to eat, Chen threatened the boy by saying: “If you do not eat, I will get the turtles,” as she knew the child was afraid of the creatures, prosecutors said.
Lin then retrieved a large turtle, which she set on the boy’s desk as Chen placed a small turtle by the boy’s feet, they said.
Kang and Lin then took the two turtles and placed them on the boy’s face, hands and body, causing him to scream as Lin held his head in place, prosecutors said.
The boy’s parents sued the three caregivers, who confessed to the incident during questioning, they added.
As the three defendants forced the boy to endure something which he had no obligation to endure, prosecutors said that theytried the case according to the anti-coercion clause in Article 304 of the Criminal Code.
They also requested a harsher sentence under the Protection of Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法).
As caregivers, the three defendants should approach the children under their care with compassion, patience and respect, the New Taipei City District Court said in its ruling.
If children are disobedient, they should be handled in a rational and calm manner, and should not be subjected to violence or threats without regard for the children’s mental and physical well-being or age, the court added.
The defendants’ actions recklessly infringed on the child’s freedom, causing psychological damage that would last long after the incident, the court said.
Considering that the defendants confessed to their crimes and expressed remorse, in addition to reaching a settlement with the boy’s parents and paying restitution in a timely manner, the court decided to sentence each of the caregivers to four months in prison, it said.
However, the court said that it is allowing a three-year suspension of the sentences with 20 hours of mandatory coursework for the three caregivers, citing the low risk of recidivism given the legal process that they have experienced.
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