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Medical evidence assisting non-fatal strangulation prosecution: a scoping review
Leah S Sharman1,2, Robin Fitzgerald3, Heather Douglas4
1Melbourne Law School, The University of Melbourne, Carlton, Victoria, Australia lsharman@unimelb.edu.au.
BMJ Open
|March 27, 2023
Summary
Health professionals can aid non-fatal strangulation (NFS) prosecutions by documenting subtle injuries and survivor accounts. Standardized clinical documentation supports legal cases, especially when visible injuries are absent.
Area of Science:
- Forensic Medicine
- Medical Law
- Gendered Violence Studies
Background:
- Non-fatal strangulation (NFS) is a prevalent form of gendered violence.
- Prosecuting NFS is challenging due to the frequent absence of externally visible injuries.
- Health professionals play a crucial role in gathering evidence for NFS cases.
Purpose of the Study:
- To review how health professionals can support NFS prosecutions.
- To identify methods for documenting evidence when external injuries are not apparent.
- To enhance the legal process for NFS survivors.
Main Methods:
- A comprehensive literature search of 11 databases was conducted.
- Included peer-reviewed English articles published before June 30, 2021.
- Focused on studies involving adult survivors of strangulation and medical evidence relevant to prosecution.
Main Results:
- Alternate light sources show potential for detecting otherwise invisible intradermal injuries.
- Standardized documentation tools, verbatim quotes, and high-quality photographs are recommended for evidence collection.
- While less effective for detection, imaging like MRIs are valued by prosecutors.
Conclusions:
- Clinical evaluations for NFS must include thorough investigation and standardized documentation of all injuries, complaints, and assault details.
- Comprehensive records serve as corroborating evidence, potentially reducing reliance on survivor testimony.
- Improved documentation practices can increase conviction rates in NFS cases.
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