Autistic Teen Shouldn't Be Held Legally Responsible for Hurting His Therapist

on January 17, 2012 at 3:04 PM

File this one under absolutely infuriating. A young teenager with autism and an IQ under 70 is being charged with felony battery in the State of Florida for beaning his speech therapist in the head with a set of headphones. Think fast, parents: if a child doesn't know they're doing something wrong, is it fair to discipline them?

It's a question young Conner Brown's legal troubles are forcing parents like me to consider. The 13-year-old's mom and other educators have said his acts were the result of his disorder, not something he could control. Like many children with autism, noise bothers Conner. He threw the headphones not at his therapist, his mom says, but to react to loud noises from another student. But now he's in serious legal trouble, and it seems flat out wrong.

A child with special needs needs to be taught what behavior is inappropriate, not hauled in front of a judge and made to pay in a way that could follow him for the rest of his life. And while that speech therapist may have quite the knot on her head, if she works with special needs kids, she should understand that.

It's part of working with kids. Heck, it's part of parenting kids. We can't expect them to act at a more advanced level than they have achieved in their development.

When my kid makes a mistake, I have to evaluate what she did against her knowledge before I react. Did she run and hide because she was afraid I'd be angry? Did she try to shove something behind her back when I came into the room? Did she stare me down with her hands on her hips, just daring me to say something? Anything to give me the sense that she knew exactly what she was doing and why it was wrong ... but did it anyway ... is grounds for a punishment in our house.

But like Conner Brown, she's just a kid. She's still learning right from wrong. And there are those gray areas. If she uses a curse word and just keeps on chattering away, she probably doesn't know it was all that bad. If she sits right in the middle of the living room watching a channel she shouldn't, chances are she doesn't think I'd have a problem with it.

That's when I know my job isn't to discipline. It's to teach. We can't expect kids to act like grown-ups when they aren't.

Is it fair to punish a kid like Conner Brown for doing something that he couldn't control?

Image via Mulad/Flickr

About the author Jeanne Sager

writes articles for The Stir by day, slays closet monsters and bounds through bedtime stories with her elementary schooler by night. Diet Pepsi courses through her veins. The Phineas and Ferb soundtrack reverberates through her brain.

Filed Under: autism, tough topics

Comments (20)

auntieellie

on Jan 17, 2012 at 3:26 PM

I wish I knew more about this particular story.... but one thing I do have to say is that too many people excuse bad behavior because of a disorder, emotional, physical or whatever....I agree that a punishment should be handed down but definitely not in a criminal court. For a therapist to file charges is just rediculous. All children no matter their age need to be shown when their actions are wrong and how to deal with it in the future. Even if it has to be repeated over and over to a child without the ability to comprehend his/her actions. Never accept bad behavior.

Report this comment

CPN322

on Jan 17, 2012 at 4:11 PM

This is absurdly ridiculous!!!!

Nonmember comment from Sara

on Jan 17, 2012 at 4:20 PM

I wish I had more info about this story. I work with children with autism... I have been bitten, kicked, spit at, hit, scratched... you name it. It happens. But they didn't deserve to be held legally responsible, and it is MY job to teach them not to exhibit those behaviors. No one should be "punished" in a way that they don't understand. What's the point?

3sillykids

on Jan 17, 2012 at 4:50 PM

Absolutely ridiculous. I feel very badly for this child and his family that this "professional" thinks this is the right course to take. A therapist is there to help these children correct these behaviors, not to press charges on them!!! Makes me nauseous.

GlowWorm889

on Jan 17, 2012 at 5:51 PM

I can't even imagine that a child with an IQ of less than 70 (or anyone with an IQ of less than 70) could be held criminally responsible for their actions. Granted, I'm not in law enforcement or a lawyer, but isn't there something on the books that protects people with special needs?

VeeKay1989

on Jan 17, 2012 at 5:58 PM

The law holds everyone to the same standard of The Reasonable Person. No allowances are made for people with lower-than-normal mental/cerebral capacities.

amysezsmile

on Jan 17, 2012 at 6:37 PM

I don't think that the boy should be criminally charged, however he should be held accountable. A person learns what is right and wrong in many different ways. One of those ways is disciplinary. We also don't know the full story here. Maybe this was the 15th time he has beaned his therapist in the head somehow. I'm sorry, and I know I will be in the minority here, but society wants special needs persons to be included in day to day society but want special compensation if they break the "rules" of society. Sorry, no dice; if one is to exists in the day to day living of society and in society than one must conform to what is "socially acceptable" and NOT hitting people is generally an accepted "rule" of society. The therapist also works with special needs persons. She obviously knows that they clients will react to certain stimuli in different ways, sometimes a different way every time. While she shouldn't have to put with being assulted (although i don't believe the boy assaulted her) she should know that she will have to put up with behaviours that may not be acceptable in society as she is there to help her clients learn how to assimilate and behave in an appropriate manner.

So, I don't think we know enough of this story to judge or condemn either party.

Char_gal4

on Jan 17, 2012 at 6:58 PM

Hmmm... Felony battery? Were these headphones made of brick? Granted, this child should NOT have thrown the headphones. However, doesn't the prosecution have to prove intent to cause bodily harm?

I used to yell at classmates since they picked on me. The teacher then accused me of provoking the students who broke rules and drove me nuts.

on Jan 17, 2012 at 7:03 PM

And BTW, should the kid be able to TRUST his speech therapist? I've heard of cases far worse than simply throwing headphones. One special ed teacher my Dad knows had one kid in her class (brain damaged from embalming fluid-laced marijuana) could suddenly become so violent that it would take 4 grown male teachers to hold him down to ride out the episode. If this lady is pressing charges for a 13 year old, severely autistic child throwing headphones, she would not be able to handle a class with a strong kid who could hurt someone badly.

Nonmember comment from kim

on Jan 18, 2012 at 2:57 AM

Until you have Autism and walk in their shoes you have no idea what it is like for them. I'm not saying what the child did was right but think about how he was feeling as well. As his Therapist she should've known that loud sounds triggered him. I have a 12 yr old with autism and loud noises set him off as well. Special needs kids don't process things quite the same way we do and I have had to learn that through my own son. This kid does not need to be prosecuted for throwing headphones. Yes he does need to know what he did was wrong. There are kids everyday teasing, beating up other kids, taping them and posting them and are these kids prosecuted? No......this is just silly.