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Record ID: 9e612e0e-68bf-485c-8d33-c093436a08a7
| DOI: | doi:10.1136/ bmjopen-2023-072077 |
| Web resource: | https://bmjopen.bmj.com/content/13/3/e072077.info |
| Type: | Journal Article |
| Title: | Medical evidence assisting non-fatal strangulation prosecution: a scoping review |
| Authors: | Sharman, Leah S.
Fitzgerald, Robin
Douglas, Heather |
| Keywords: | Strangulation;Gender-Based Violence;Non-Fatal Strangulation (NFS);Domestic and Family Violence;Criminal Justice System;Victim Support Services |
| Year: | Mar-2023 |
| Publisher: | BMJ Journals |
| Citation: | 13:e072077 |
| Abstract: |
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This scoping review investigates the role of medical evidence in supporting the prosecution of non-fatal strangulation (NFS) cases, a serious form of gendered violence that often leaves little to no externally visible injuries, complicating prosecution efforts. The review synthesizes findings from 25 studies focused on how health professionals can assist in the legal prosecution of NFS through clinical documentation and medical investigations. The review highlights the importance of using tools like alternate light sources (ALS) for detecting intradermal injuries, MRI scans for internal injuries, and standardized documentation practices to corroborate victim testimonies and increase the likelihood of successful legal outcomes.
| Contents: |
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Objectives
Non-fatal strangulation (NFS) is a serious form of gendered violence that is fast becoming an offence in many jurisdictions worldwide. However, it often leaves little or no externally visible injuries, making prosecution challenging. This review aimed to provide an overview of how health professionals can support the prosecution of criminal charges of NFS as part of regular practice, particularly when externally visible injuries are absent.
Method
Eleven databases were searched with terms related to NFS and medical evidence in health sciences and legal databases. Eligible articles were English language and peer-reviewed, published before 30 June 2021; sample over 18 years that had primarily survived a strangulation attempt and included medical investigations of NFS injuries, clinical documentation of NFS, or medical evidence related to NFS prosecution.
Results
Searches found 25 articles that were included for review. Alternate light sources appeared to be the most effective tool for finding evidence of intradermal injury among NFS survivors that were not otherwise visible. However, there was only one article that examined the utility of this tool. Other common diagnostic imaging was less effective at detection but was sought after by prosecutors, particularly MRIs of the head and neck. Recording injuries and other aspects of the assault using standardised tools specific for NFS were suggested for documenting evidence. Other documentation included writing verbatim quotes of the experience of the assault and taking good quality photographs that could assist with corroborating a survivor’s story and proving intent if relevant for the jurisdiction.
Conclusion
Clinical responses to NFS should include investigation and standardised documentation of internal and external injuries, subjective complaints, and the experience of the assault. These records can assist in providing corroborating evidence of the assault, reducing the need for survivor testimony in court proceedings, and increasing the likelihood of a guilty plea.
| Description: | Open access |
| URI: | https://anrows.intersearch.com.au/anrowsjspui/handle/1/22768 |
| Appears in Collections: | ANROWS Completed Register of Active Research projects
Journal Articles
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