NCJ Number
56316
Date Published
1978
Length
43 pages
Annotation
THIS ARTICLE FROM THE ATTORNEY'S HANDBOOK CONCERNING CHILD ABUSE DISCUSSES THE RELEVANCE OF EVIDENCE FROM PHYSICIANS, MEDICAL RECORDS, AND VICTIMS OF ABUSE. EXCEPTIONS TO THE HEARSAY RULE ARE ANALYZED.
Abstract
BECAUSE AN INCIDENT OF CHILD ABUSE USUALLY OCCURS IN THE PRIVACY OF THE HOME, AND OUTSIDE THE PRESENCE OF OBJECTIVE WITNESSES, THE TRIAL OF AN ACCUSED CHILD ABUSER INVOLVES RELIANCE ON CIRCUMSTANTIAL EVIDENCE. ALTHOUGH A WITNESS USUALLY IS RELIED UPON TO PROVIDE AN EYE-WITNESS ACCOUNT OF A CRIME, THE EXPERT TESTIMONY OF DOCTORS AND PATHOLOGISTS IN AN ABUSE CASE IS BASED ON THE RELIABLE INFERENCES WHICH THE EXPERT IS COMPETENT TO MAKE. IN MOST JURISDICTIONS, AN EXPERT IS PERMITTED TO PROVIDE HIS OR HER OPINION AS TO THE CAUSE OF AN INJURY. FOR EXAMPLE, A DOCTOR MAY BE ALLOWED TO STATE THAT A SPECIFIC INJURY COULD NOT HAVE OCCURRED ACCIDENTALLY, OR THAT CERTAIN INJURIES ARE CHARACTERISTIC OF THE 'BATTERED CHILD SYNDROME.' ALL STATES REQUIRE THE REPORTING OF SUSPECTED CHILD ABUSE, AND MOST STATES HAVE ELIMINATED THE DOCTOR-PATIENT PRIVILEGE IN CHILD ABUSE CASES. HOSPITAL RECORDS USUALLY ARE ADMISSABLE AT TRIAL UNDER THE 'BUSINESS RECORDS' EXCEPTION TO THE HEARSAY RULE. SIMILARLY, STATEMENTS MADE BY A VICTIM, EVEN IF LATER DENIED BY THE VICTIM, CAN BE ADMITTED UNDER THE 'EXCITED UTTERANCE' EXCEPTION. PHOTOGRAPHS AND X RAYS OF ABUSED CHILDREN GENERALLY ARE ADMISSABLE EVIDENCE DESPITE THEIR PREJUDICIAL NATURE, PROVIDED A PROPER FOUNDATION IS PREPARED FOR THEIR PRESENTATION. THE LEGAL FOUNDATION FOR SUCH EVIDENCE INVOLVES STATEMENTS BY THE TECHNICIAN OR PHYSICIAN AS TO THE DEPENDABILITY OF THE EQUIPMENT USED, AND THE ACCURACY OF THE EVIDENCE IN SHOWING AN ACTUAL SITUATION. FURTHER DISCUSSION CONCERNS THE COMPETENCY OF A CHILD WITNESS, AND THE PROTECTION OF ABUSED CHILDREN. FOOTNOTES ARE PROVIDED. (TWK)