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Provided by IMPD An Indianapolis woman who beat her 7-year-old son with a coat hanger is citing Indiana's religious freedom law as a defense against felony child abuse charges, saying her choice of discipline comes straight from her evangelical Christian beliefs. The woman quoted biblical Scripture in court documents. If you strike him with the rod, you will save his soul from Sheol. The woman, a Burmese refugee granted political asylum in the U. The case is complicated by an Indiana Supreme Court decision, one law expert said, that gives parents the right to use cords and belts — and possibly even coat hangers — to punish their children. The alleged abuse occurred Feb. Thaing, documents say, hit both children with a plastic coat hanger before telling them to pray for forgiveness. The teacher saw red welts on the boy and reported the observations to police and child welfare officials. A doctor at Riley Hospital for Children at IU Health found 36 bruises across the boy's back, thigh and left arm. Three photographs submitted to the court show deep purple lines striping the boy's back and several welts on his arm. The boy has one curved bruise on his cheek in the shape of a hook on a coat hanger. Thaing was arrested in February on felony abuse and neglect charges. Thaing and her lawyer, Greg Bowes, declined to be interviewed for this story. In a six-page memorandum filed July 29, Bowes argued that RFRA gives Thaing the right to discipline her children in accordance with her beliefs, and that the state should not interfere with her fundamental right to raise her children as she deems appropriate. Marion County Deputy Prosecutor Matt Savage also declined to be interviewed. In an eight-page rebuttal filed Aug. Indiana's compelling interest in preventing child abuse outweighs the religious freedom protections, Savage wrote. Elaisa Vahnie, executive director of the Burmese American Community Institute on the south side, expressed regret for the injuries suffered by Thaing's son while noting that what might be seen as a crime in Indiana may be considered typical parenting in Burma, which is now known as Myanmar. Authorities, he said, likely wouldn't get involved unless the beating left a child with very serious injuries. Evidence filed in Marion Superior Court After moving, Burmese families need time to learn the laws and customs of their new home, Vahnie said. They need to start from scratch. It's a completely different environment. It's unclear how long Thaing has lived here. Vahnie said he hopes the court system will take the cultural barrier into account as the case progresses. Thaing's attorney cited cultural differences in her defense. Thaing is willing to adapt, defense lawyer Bowes told the court, noting she completed a parenting class as part of a civil case connected to the alleged abuse that's been dismissed. Thaing's children were taken by child welfare officials in February, but it's unknown where they are now. Attorneys declined to comment. Jennifer Drobac, professor at the Indiana University Robert H. The other half leans on a 2008 Indiana Supreme Court decision that affirmed the parental right to discipline children in ways parents consider appropriate, even when others could deem that behavior as excessive. In 2008, the Indiana Supreme Court ruled 3-1 to overturn the felony conviction of Sophia Willis, who used a belt or an electrical cord to discipline her 11-year-old son. The mom said belt, the son said cord; the court ruled it did not matter. The justices in that decision gave parents wide latitude in determining what is reasonable discipline for their children. Hitting kids with a belt or an electrical cord is not much different from using a coat hanger, said Drobac, who has taught the Willis decision in classes on juvenile law. Overall, Drobac said, the Willis case is very similar to Thaing's case. One major difference, Drobac said, is that Willis took some time to think about the discipline before she struck her son while court records say Thaing acted in the heat of the moment. Child abuse, Drobac said, may actually be just as legal here as in the countries known for widespread human rights abuses. Battery carries a prison sentence of one to 10 years; neglect carries a sentence of six months to 2½ years. Marion Superior Court Judge Kurt Eisgruber denied Thaing's lawyer's motion to dismiss the charges on Aug. Thaing's trial is set for Oct. Call IndyStar reporter Vic Ryckaert at 317 444-2701. Follow him on Twitter: vicryc.
