Father acquitted of child abuse despite extensive injuries
The Hålogaland Court of Appeal has acquitted a father accused of serious assault, despite both his infants suffering eleven fractures and multiple bruises.
Father acquitted of child abuse despite extensive injuries
A father has been acquitted in Hålogaland Court of Appeal on charges of serious assault against his own small children, despite both infants bearing signs of eleven documented fractures and numerous bruises. The verdict has sparked debate about whether Norwegian legal rules are suited to protecting the smallest victims of violence.
According to Avisa Nordland, the man was initially found guilty in the district court of serious assault in an intimate relationship. However, in the appeal proceedings, the majority of the Court of Appeal chose to acquit him, on the grounds that it had not been proven that he had acted with intent.
Three independent experts appointed by the court established that the injuries had been inflicted by another person. The medical examinations revealed fractures in the metaphysis, which experts explain occur when an adult exerts strong pulling or twisting on an infant's limbs. The majority of the court nonetheless found it possible that the fractures could have arisen from careless handling, overly rough care or incorrectly performed physiotherapy exercises.
The minority among the judges took the view that the actions had been carried out deliberately. Under Norwegian legal rules, agreement among at least five of seven judges in the Court of Appeal is required to issue a guilty verdict. When this majority is not achieved, the benefit of the doubt goes to the accused.
In April, Kripos released a report on serious violence directed at small children. The statistics showed that 115 children under four years old had been subjected to serious violence, and that 13 of these cases resulted in death. Of the victims, 65 per cent were one year old or younger, while every third was under six months old.
The criticism now centres on the fact that the legislation is primarily adapted to situations between adults, and falls short when dealing with cases where the victims are unable to explain what they have been through. In the case in question, it was also not possible to use the provision concerning serious negligence, since the fractures in the infants healed on their own without medical intervention and therefore did not meet the legal threshold for significant injury.
Kripos has called for better cooperation between police, healthcare and child protection services, a lower threshold for sending reports of concern, and strengthened legal protection for children.
Source: Google News DK — Crime (da)