Wrongfully Accused - MPR New on Child Abuse
Today, MPR News published a story about child abuse cases in which the initial medical evidence lead to the incarceration of the parent or care taker. The story was about how many of these cases are now being overturned upon actually going to trial. This is an area of law that often is guilty until proven innocent. As it turns out, medical science is not an exact science and as the profession has become more and more sophisticated, the previous determinations that were widely accepted are now being called into question. Things like time of death, which were once very easy to confirm have become much more of an unknown with the advances in forensic science.
"Often there are only two pieces of evidence," said Justice Stephen Goodge, a Canadian judge who conducted an extensive inquiry into Ontario's forensic pathology system. "The first: who had care of the infant in the hours leading up to the death, normally a parent or caretaker. And secondly, the forensic pathology, which attempts to give an opinion on what the cause of death was." If the autopsy findings are flawed, the judge said, "Then the risk of a miscarriage of justice is high."
In the world of high conflict divorces, this better understanding of medical science could keep falsely accused parents out of prison. It is not uncommon in high conflict divorce cases that allegations of abuse arise. The story suggests that although it may look like a bruise, and explanation, other than an abusive caretaker, is possible. Especially in the case of rare diseases and conditions, it can be unlikely to pick up a correct diagnosis on the first attempt.
The issue with the high conflict divorce family is often that parents are looking for some "dirt" to use against the other parent. The dangerous thing here is that while chasing down an abuse allegation as ammo for a custody case, the child may be put into even more danger by not being treated correctly. This is not to say that all abuse claims should not be thoroughly investigated, but just the opposite; the always need to be thoroughly investigated. The results of not investigating the full picture can devastate or even end the lives of the children involved.
To hear or read the full story on the MPR website, click here: Guilty Until Proven Innocent
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