TY - JOUR
T1 - Age differences in the prosecution of child abuse cases
AU - Eg, Marlene Beyer
AU - Græsholt-Knudsen, Troels
AU - Madsen, Kathrine Bang
AU - Obel, Carsten
AU - Vesterby, Annie
AU - Hansen, Ole Ingemann
PY - 2024/9/9
Y1 - 2024/9/9
N2 - INTRODUCTION. Evidence in child abuse cases can be scarce and is often centred around the child’s testimony. However, child testimony varies with the child’s development. Here, an overview of suspects, case decisions and court verdicts from a cohort of children is presented, stratified across children aged 0-3, 4-7, 8-11, and 12-15 years. METHODS. Children seen at the Department of Forensic Medicine, Aarhus University, Denmark, in 2001-2013 were analysed, including all case files from the police, courts and healthcare services. RESULTS. A total of 647 cases were presented. The most frequent suspect was the child’s parents. The police referred to the prosecutor in 69% of all cases, and 37% were tried in court. The lowest proportion of cases of tried cases was found among children aged 0-3 years (20%) and the highest among children aged 8-11 years (57%). Across ages, no corroborating evidence, the accused’s refusal of guilt and no case to pursue (insufficient strong evidence) were the most frequent reasons for case closure. Cases relating to children aged 0-3 years were frequently dismissed because the fault could not be placed, whereas cases relating to children aged 12-15 were frequently rejected because of lacking evidence of compulsion (non-consent). CONCLUSION. Results show variations across ages regarding children tried in court and case dismissal. A dedicated child court may be considered to ensure equal access to justice. Questioning during the forensic examination and the use of psychologists may strengthen the available evidence.
AB - INTRODUCTION. Evidence in child abuse cases can be scarce and is often centred around the child’s testimony. However, child testimony varies with the child’s development. Here, an overview of suspects, case decisions and court verdicts from a cohort of children is presented, stratified across children aged 0-3, 4-7, 8-11, and 12-15 years. METHODS. Children seen at the Department of Forensic Medicine, Aarhus University, Denmark, in 2001-2013 were analysed, including all case files from the police, courts and healthcare services. RESULTS. A total of 647 cases were presented. The most frequent suspect was the child’s parents. The police referred to the prosecutor in 69% of all cases, and 37% were tried in court. The lowest proportion of cases of tried cases was found among children aged 0-3 years (20%) and the highest among children aged 8-11 years (57%). Across ages, no corroborating evidence, the accused’s refusal of guilt and no case to pursue (insufficient strong evidence) were the most frequent reasons for case closure. Cases relating to children aged 0-3 years were frequently dismissed because the fault could not be placed, whereas cases relating to children aged 12-15 were frequently rejected because of lacking evidence of compulsion (non-consent). CONCLUSION. Results show variations across ages regarding children tried in court and case dismissal. A dedicated child court may be considered to ensure equal access to justice. Questioning during the forensic examination and the use of psychologists may strengthen the available evidence.
KW - Humans
KW - Child
KW - Child, Preschool
KW - Child Abuse/legislation & jurisprudence
KW - Denmark
KW - Adolescent
KW - Infant
KW - Female
KW - Male
KW - Age Factors
KW - Infant, Newborn
KW - Forensic Medicine/legislation & jurisprudence
UR - http://www.scopus.com/inward/record.url?scp=85204941086&partnerID=8YFLogxK
U2 - 10.61409/A07230437
DO - 10.61409/A07230437
M3 - Journal article
C2 - 39323257
AN - SCOPUS:85204941086
SN - 2245-1919
VL - 71
JO - Danish Medical Journal
JF - Danish Medical Journal
IS - 10
M1 - A07230437
ER -