Many Queenslanders Reject Assault Charges for Parents Who Smack Children, Study Finds

Many Queenslanders Reject Assault Charges for Parents Who Smack Children, Study Finds

A new study from the Australian National University and Monash University suggests that public opinion in Queensland is split on whether parents who use physical punishment should face criminal assault charges. Most respondents also said that the level of force a parent uses changes their view of guilt. The research was funded by the Queensland Law Reform Commission as part of a review of the "reasonable discipline" defence.

How the study tested attitudes toward physical punishment

Researchers surveyed 1,662 adults living in Queensland and ran a series of focus groups. Participants read short stories about a mother who disciplined an 11-year-old daughter for keeping a mobile phone in her bedroom at night, against family rules, and for swearing at her mother and refusing to hand it over. The stories varied the form of punishment, from a firm grip on the child's hand to a slap across the face. Participants then said whether they thought the mother should be found guilty of assault if the case went to court.

What the responses showed about force and guilt

Opinion did not reach a clear consensus, but the severity of the punishment mattered. About 57 percent of respondents said the mother should be found guilty for slapping the child across the face, and about 47 percent said so when the slap to the thigh left a bruise. Roughly 37 percent held her guilty for striking the thigh with a wooden spoon, and about 22 percent did so for a slap that left no bruise. Only about 7 percent said she was guilty for gripping the child's hand tightly. Across all scenarios, about 65 percent of participants said the mother should not be found guilty of assault.

The researchers caution that these answers do not mean respondents approved of the behavior. Some may have judged the actions in the context of a difficult parenting moment, while others may simply prefer non-criminal responses. Even participants who favored a guilty finding tended to prefer educational responses over prosecution.

Why the findings matter for Australian law

Physical punishment of children by parents and caregivers remains legal in every Australian state and territory through a range of legal defenses. These allow a parent to avoid an assault charge if the force was for discipline and was considered "reasonable." Because the law does not define reasonable force, the study's inconsistent results point to a real gap: current law does not clearly state which behaviors are acceptable.

The Queensland Law Reform Commission has recommended a staged removal of the discipline defense, a community awareness campaign, and greater use of diversion rather than prosecution for parents. Research cited in the reporting links physical punishment to aggression, behavior problems, poor mental health, and a higher risk of physical abuse, and it notes that some effects can continue into adulthood. The same body of work reports no clear evidence of long-term benefit. Attitudes have shifted: a 2023 study by the researcher quoted in the reporting found three in four Australians do not consider physical punishment necessary, compared with a 2002 finding that three in four believed it was sometimes necessary.