NCJ Number
54556
Journal
Law and Order Volume: 26 Issue: 7 Dated: (JULY 1978) Pages: 52-54
Date Published
1978
Length
3 pages
Annotation
THE USE OF BRUISES ON THE VICTIM AS EVIDENCE OF CHILD ABUSE IN COURT CASES IS DISCUSSED, AND PROCEDURES FOR OBTAINING AND PRESENTING SUCH EVIDENCE ARE DESCRIBED.
Abstract
NOTING THAT EYEWITNESS TESTIMONY IS DIFFICULT TO OBTAIN IN CHILD ABUSE CASES, IT IS ADVISED THAT PHOTOGRAPHIC DOCUMENTATION OF BRUISES, WHEN COUPLED WITH EXPERT TESTIMONY, IS CONVINCING EVIDENCE OF ABUSE. A BRUISE IS DEFINED AS 'AN ESCAPE OF BLOOD INTO THE TISSUES OF A LIVING OR RECENTLY DECEASED PERSON, FOLLOWING THE RUPTURE OF VESSELS, USUALLY CAPILLARIES, BY THE APPLICATION OF BLUNT FORCE.' PHOTOGRAPHS OF THE BRUISES ON THE BODY OF A VICTIM OF CHILD ABUSE ARE PROVIDED WHICH WERE USED AS EVIDENCE TO ESTABLISH THAT THE CHILD WAS A VICTIM OF REPEATED ABUSE, WHILE DEMONSTRATING THAT A BEATING WAS THE CAUSE OF DEATH. PHOTOGRAPHS TAKEN OF THE BODY AT DIFFERENT POINTS IN TIME FOLLOWING DEATH INDICATE THAT BRUISES FROM A RECENT BEATING DO NOT APPEAR ON THE BODY SURFACE UNTIL A NUMBER OF HOURS AFTER THE BEATING HAS OCCURRED. THE VARIOUS COLORS THROUGH WHICH A BRUISE PASSES WITH AGE ARE INDICATED. THE FOLLOWING ADVICE IS OFFERED: (1) PHOTOGRAPH THE VICTIM IMMEDIATELY TO SHOW EXISTING BRUISES; (2) PHOTOGRAPH THE VICTIM SEVERAL HOURS AFTER THE SUSPECTED TIME OF THE BEATING TO SHOW BRUISES RESULTING FROM THE MOST RECENT ATTACK; (3) IN DEATH CASES, MAKE SURE THAT PERSONS HANDLING THE CORPSE DO NOT LEAVE CONFUSING MARKS ON THE BODY; (4) USE COLOR FILM IN PHOTOGRAPHING ABUSE CASES, SINCE COLORATION IS SIGNIFICANT IN DEMONSTRATING THE AGE OF THE BRUISES; (5) DO NOT ENCOURAGE THE MEDICAL EXAMINER TO PERFORM AN IMMEDIATE AUTOPSY TO ALLOW FOR THE DEVELOPMENT OF BRUISE MARKS; (6) THE ABRASIONS MAY AFFORD POSITIVE IDENTIFICATION OF THE METHOD OR WEAPON USED TO INFLICT THE INJURY; AND (7) A RULER SHOULD BE PLACED IN THE PHOTOGRAPH TO DEMONSTRATE THE SIZE OF THE BRUISE OR ABRASION. (RCB)