[Forms of child abuse with regard to its forensic aspects]

Civil legislation (Bürgerliches Gesetzbuch = BGB) as well as the penal code (Strafgesetzbuch = StGB) contain a broad spectrum of laws to protect children against physical abuse, physical neglect, sexual abuse, emotional abuse and neglect: i.e. section 1666 BGB (failure to provide the necessities of life for the child); section 170d StGB (neglect of care and education); section 176 StGB (sexual abuse of children); section 223b StGB (physical as well as emotional abuse and neglect). From the forensic point of view statistical data and different mechanisms of child abuse and neglect are reported. The basic differential diagnosis concerns an accidental injury of a child and parental right to punish (so called "Züchtigungsrecht" according to section 1631 BGB) in bona fide disciplinary effort. Emotional abuse and neglect are next to impossible to define and to be proved at court. The attending physician must carefully weigh the characteristics and presentation of any child injury or illness to determine the presence of child abuse or neglect. In the final analysis, the safety of children should be of greater concern than parental rights to privacy and protection from defamation or even criminal punishment.