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Here's a thought...
What if some else had done this to the child? What if it were a nanny or babysitter that left the child in a car for the day? Would that person escape charges and jail time? Highly doubtful. Why do we allow parents to be negligent, but hold a stranger to a higher standard? Does that make any sense at all?
How is this case any different than if I paid too much attention to my coffee and my daughter wandered out onto the highway and was run over? I would be negligent in that case as well.
This child could not take any action on it's own behalf. None at all. Children are completely reliant on someone to keepsake their safety. This is PARENT JOB #1.
Hey, we're not perfect. My daughter falls on the sidewalk and skins her knee. She crashes her bike and falls off. Sometimes I let her take a jump I know she can't make. It's fine to take risks. If you don't let your child find their limits, they'll never reach past them. But, there is an etched in stone line, and it's the parent's responsibility to know where it is and manage it.
What would we accomplish by putting this man in prison? Could we punish him more? Doubtful. Do we need to protect the public? No. Are we "rehabilitating" him? No. The only reason is to make people, parents, think about their responsibility and the fact that it is a CRIMINAL act to let harm come to your children.
If I were this man's wife, forgiveness would never come.
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