Clinical forensic examination findings and legal outcome in cases of suspected sexual child abuse

The clinical forensic examinations conducted at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected sexual abuse of children were evaluated retrospectively and analysed with regard to their legal outcome. In total, the study included 223 children (172 girls, 51 boys) with a median age of 8.6 years. In 34 children (15.2%), forensically relevant diagnostic findings due to anogenital injury and/or detection of semen were recorded. Perpetrators were convicted more often when they were not a member of the victim's family. In cases with victims aged seven years or older, conviction was more common. The study shows that medical findings can best be preserved by an immediate clinical forensic examination. Suspected sexual child abuse can often not be proved by medical examination results, but in some cases diagnostic findings are not mandatory for conviction.     

Clinical forensic examination findings in assault cases among adolescents

Child and youth criminality has risen markedly over the past 25 years and causes increasing concern to the general public. The clinical forensic examination cases of youth violence victims examined at the Institute of Legal Medicine of the Hanover Medical School and its Oldenburg Branch between 1999 and 2008 were retrospectively analyzed. In all, 55 adolescents (37 females, 18 males; median age 15.5 years) were examined. In most cases the suspect was a close (40.0%) or passing (23.6%) acquaintance. 16 assaults were committed by two or more adolescents jointly. Most of the juveniles were victims of sexual assaults (56.4%). In 15 victims of sexual offences (51.7%) diagnostic findings were obtained on the basis of anogenital injuries and/or the presence of sperm. In summary, the analysis shows that adolescents frequently become victims of sexual assault. In addition, youth violence is often committed in a group.     

Adolescent girls investigated for sexual abuse: history,physical findings and legal outcome

Objective: The aim of the study was to summarize the history of assault and record the results of medicolegal examination in adolescent girls under investigation for alleged sexual abuse, and to monitor the outcome of the legal process. The investigation period was 1990–94. Method: A consecutive series of 94 0-para girls, aged 9–22, median age 15.0 years, were examined in the head-to-toe manner including anogenital examination. Girls were referred from investigating police and social authorities. Only non-acute examinations were performed. Findings considered consistent with abusive vaginal penetration were hymenal distortion including deep clefts, hymenal and vestibular scarring, and introital diameter permitting vaginal inspection with a 17 mm speculum in the absence of consensual intercourse. Perianal scarring was recorded. STD sampling was made on indication. Findings were documented on body sketches. Medicolegal conclusions were grouped into three categories according to history and physical findings. Information on the outcome of legal procedures was collected from referring authorities. Results: For 82% (77/94) of the girls, referring agencies provided examining physicians with a detailed and consistent history of abuse, presented results comprise these 77 girls. Intrafamiliar abuse was alleged by 81% (62/77), onset prior to menarche by 53% (41/77), and repeated abuse by 74% (57/77) of the girls. Abusive genital penetration was reported by 77% (59/77) and anal penetration by 19% (14/77). Sequelae after admitted self-inflicted injury were found in 15% (12/77). Deep hymenal celfts and/or vestibular scars were found in 59% (35/59) of the girls reporting penetrative abuse, compared with 6% (1/16) when non-penetrative abuse was alleged, P<0.001. Girls with experience of voluntary intercourse could all be examined with a 25 mm speculum. Of the 17 girls without experience of consensual intercourse but alleging abusive penetration, 47% (17/36) could easily be examined with a 17 mm speculum, compared to none of 13 reporting non-penetrative abuse, P<0.001. Non-specific anal abnormalities occurred in 10 (13%) girls; more often when anal abuse was reported, P<0.001. No specific STDs were found. The medicolegal conclusion supported a history of abusive genital penetration in 41 (69%) cases; findings were non-specific in 11 cases and a normal anogenital status was found in 25 cases. The alleged abuse of 34 of the 77 (44%) girls was tried in court. One suspect was acquitted, 32 men were convicted of the abuse of 33 girls. Eleven perpetrators admitted abuse, and their histories were in concordance with the abuse alleged by the victims, as well as with the physical findings. Conclusion: A medicolegal diagnosis of alleged non-acute cases of sexual abuse relies on a detailed history. Adolescent girls alleging abuse may exhibit signs of admittedly self-inflicted extragenital injury. Our findings confirm that non-penetrative sexual acts leave no lasting genital signs, but that repeated abusive genital penetration significantly more often than non-penetrative abuse leaves deep posterior hymenal clefts and/or vestibular scarring, and a hymenal opening allowing examination with 17–25 mm specula also in girls without experience of voluntary intercourse. In cases with a confessing perpetrator, no discordance was found between the history of the victim, medicolegal conclusion and the history of the perpetrator.     

Distinct age-related differences among victims in cases of suspected child abuse

Evidence describing age-related differences among children with suspected physical and sexual child abuse is lacking. We describe findings in severe cases of suspected abuse. Cases with 756 children <15 years old were included during 2001–2013 at the Department of Forensic Medicine, Aarhus University, using forensic evaluation documents, medical records, and court proceedings. Eight percent of children <4 years old died from child abuse, 36% through violence resulting in death, and 64% by manslaughter, whereas 1% > 4 years old died, solely by manslaughter. External injuries were mainly located to head and torso in children <4 years old, changing to the upper and lower extremities in older children. Child sexual abuse was suspected in 52% of cases with living children <4 years old, 83% of children 4–7 years of age, 88% of children 8–11 years of age, and 93% of children >12 years old. Anogenital findings were mainly caused by other medical conditions in children <4 years old, hymenal clefts in the superior half of the hymenal rim were almost exclusively found in children between 8 and 11 years of age, whereas both superficial and complete hymenal clefts in the inferior half of the hymenal rim were found in children >12 years old. The present study describes age-related differences in victims of suspected child abuse. Fatal versus nonfatal child physical abuse and the significance of hymenal findings in child sexual abuse could be studied further.     

The role of clinical forensic medicine in cases of sexual child abuse

The work of specialists in forensic medicine in those cases of child abuse that result in the killing of a child is defined and well known. It is less well defined in cases of (suspected) sexual abuse. The cases presented show the difficulties that arise if medical doctors and prosecutors are uncertain about the procedures that have to be followed or do not appreciate the value of objective findings. It is concluded that knowledge about necessary examinations by physicians, police officers and prosecutors has to be promoted in order to improve handling and (legal) outcome of these cases.     

25例医疗纠纷的法医临床学鉴定回顾性分析

目的探讨医疗纠纷的法医临床学鉴定及其相关问题。方法对25例医疗纠纷案例资料进行了回顾性整理分析。结果医疗失误16例,其中有不良后果的10例,均发生于手术科室;无医疗失误9例。结论医疗纠纷法医学鉴定过程中认定医疗失误是基础,认定医疗失误与不良后果的关系是关键。     

Guidelines for postmortem protocol for ocular investigation of sudden unexplained infant death and suspected physical child abuse

Postmortem examination is a cornerstone in identifying the cause of unexplained sudden death in children. Even in cases of suspected or known abuse, an autopsy may help characterize the nature of the abuse, which is particularly important in the forensic autopsy of children in the first 3 to 4 years of life when inflicted neurotrauma is most common. Forensic examinations are vital in cases that might otherwise be diagnosed as sudden infant death syndrome. The ocular autopsy in particular may demonstrate findings that were not appreciated on antemortem clinical examination. This protocol for postmortem examination of the eyes and orbits was developed to promote more consistent documentation of findings, improved clinical and forensic decision making, and more replicable and coherent research outcomes.     

Expert testimony in child sexual abuse cases

We presented participants with syndromal, witness credibility, or anatomically detailed doll evidence to determine (a) whether these different types of expert evidence exert differential influence on participants' judgments and (b) whether the influence of this evidence could be better explained by the relative scientific status or the probabilistic qualities of the research presented. Additionally, we investigated whether a strong or weak cross-examination of the expert would be more successful in discrediting the information provided in the expert's testimony. Findings suggest that participants are less influenced by expert testimony based on probability data (i.e., syndromal evidence) than by expert testimony based on case history data (i.e., credibility of anatomically detailed doll evidence). Participant responses did not differ as a function of the strength of the cross-examination of the expert. As expected, women were more likely to respond in a pro-prosecution direction than were men. Implications for the use of expert evidence in child sexual abuse cases are discussed.     

Forensic medical examination in cases of sexual abuse

The article presents the analysis of forensic medical expert practice in the field of sexual abuse. Drawbacks in expert examinations, official decisions on such examinations, low expertise of forensic medical personnel in sexual crime, lack of tools for genital and anal examination are analysed and methods of correction of this situation are proposed.     

Recovered memories of childhood sexual abuse: Current findings and their legal implications

Recent research on recovered memories of childhood sexual abuse has shown that there are at least two types of recovered memory experiences: those that are gradually recovered within the context of suggestive therapy and those that are spontaneously recovered, without extensive prompting or explicit attempts to reconstruct the past. By focusing on well‐known imperfections of human memory, we were able to find differing origins for these recovered memory experiences, with people recovering memories through suggestive therapy being more prone to forming false memories, and with people reporting spontaneously recovered memories being more prone to forgetting prior incidences of remembering. Moreover, the two types of recovered memory reports are associated with differences in corroborative evidence, suggesting that memories recovered spontaneously, outside of suggestive therapy, are more likely to correspond to genuine abuse events. In this paper, we summarize recent research on recovered memories and we argue that these scientific findings should be applied in the justice system, but also in clinical practice.     

眼眶骨折的法医学鉴定研究(附50例分析)

目的 研究眼眶骨折的法医特点。方法 从３６５３例损伤程度的法医学鉴定中筛选出涉及眼眶骨折的案例,分成３组：Ⅰ组：爆裂性骨折,眼眶骨折而眶缘无骨折;Ⅱ组：直接骨折,合并眶缘骨折;Ⅲ组：复合骨折,上述两种骨折兼而有之。结果 涉及眶骨骨折５０例。Ⅰ组２６例,占５２％;Ⅱ组１９例,占３８％;Ⅲ组５例,占１０％。爆裂性骨折以内、下壁多见,占９６％,致伤物以钝性工具多见占６３％,视力和眼球结构损伤较重。复合骨     

眼眶骨折的法医学鉴定研究(附50例分析)

目的　研究眼眶骨折的法医学特点。方法　从 3 653例损伤程度的法医学鉴定中筛选出涉及眼眶骨折的案例 ,分成 3组 :Ⅰ组 :爆裂性骨折 ,眼眶骨折而眶缘无骨折 ;Ⅱ组 :直接骨折 ,合并眶缘骨折 ;Ⅲ组 :复合骨折 ,上述两种骨折兼而有之。结果　涉及眶骨骨折 50例。Ⅰ组 2 6例 ,占 52 % ;Ⅱ组 1 9例 ,占 3 8% ;Ⅲ组 5例 ,占 1 0 %。爆裂性骨折以内、下壁多见 ,占 96% ,致伤物以拳脚多见 ,占 78% ,视力和眼球结构损伤较轻。直接骨折以外壁多见 ,占 56% ,致伤物以钝性工具多见占 63 % ,视力和眼球结构损伤较重。复合骨折各壁均可发生。结论　爆裂骨折损伤程度轻于直接骨折和复合骨折 ,容易引起误诊。     

The eyes of child abuse victims: autopsy findings.

The authors studied 77 pairs of eyes removed from children who had died of suspected child abuse. Forty-seven of the cases had retinal hemorrhages. Those showing retinal hemorrhages were younger children and had fewer other stigmata of child abuse. Hemorrhages are more likely to occur in cases where the child was shaken or swung than in those with severe direct head trauma. The authors recommend that examination of the eyes be included in the autopsies of all small children who died without an obvious cause of death. Experience in both processing and reading of ocular material is necessary for reliable results.     

The correlates of child physical abuse and neglect by adolescent mothers

Theoretical and empirical knowledge about the link between adolescent motherhood and child maltreatment is in an early stage of development. Research has produced contradictory findings as to a relationship between the two and has not focused on identifying correlates. To fill gaps in the knowledge base and generate hypotheses for future tests, this secondary analysis of data on a subset of 119 mothers who gave birth prior to their 18th birthday focused on identifying characteristics that discriminate among low-income adolescent mothers with maltreated children and comparable mothers whose children were not known to be maltreated. Bivariate analyses of 18 characteristics from several theoretically justified domains revealed that 11 were associated with neglect and four with abuse. Step-sise discriminant analysis identified six correlates of neglect that correctly classified 85% of the mothers and four for abuse that correctly classified 79% of the mothers. Discussion focuses on implications for future research and hypothesis generation.