What Are the Laws on Verbal Abuse?
Full Question:
Answer:
Verbal abuse laws vary depending on the context. For example, on the workplace, it may be governed by anti-discrimination laws if based on race, color, national origin, religion, sex, age, disability, or status as a Vietnam-era veteran. If a threat of harm is conveyed, then harassment charges may apply and a restraining order may be sought.
Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. The law of defamation protects a person's reputation and good name against communications that are false and derogatory. Defamation consists of both libel and slander. Libel is any defamation that can be seen, most typically in writing. Slander is an oral defamatory communication. Specific requirements that a plaintiff must prove in order to recover in a defamation action differ from jurisdiction to jurisdiction. Generally, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff, that the defendant made an unprivileged publication to a third party, and that the publisher acted at least negligently in publishing the communication.
In a verbally abusive situation, words are used to attack, control, and inflict harm on another person. Verbally abusive behavior goes far beyond mean behavior; it involves inflicting psychological violence on another person, attacking the essence of an individual's being and attempting to destroy his or her spirit.
A number of behaviors are considered verbally abusive, including, among others, angry outbursts, screaming rages, and name-calling. Verbal abuse often includes verbal putdowns, negative prediction, negative comparison, scapegoating, shaming, cursing and swearing, and threats.
Some school districts are required to adopt policies on bullying and provide training in preventing bullying for staff. Whether or not you should discuss the matter with the teacher or school administration is a matter of personal judgment, taking all the facts and circumstances into account.
For further discussion, please see:
http://www.gripinfo.ca/grip/public/www/doc/Articles/Brendgen_2006_id_3273.pdf
http://www.nurturingourfamilies.com/spirited/faq2.html