OFFENCES ASSOCIATED WITH PREGNANCY (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

• NCJ Number: 61752
• Author(s): S H BURGES
• Date Published: 1978
• Length: 12 pages
• Corporate Author: Hutchinson Benham Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

CONSIDERATIONS OF THE POLICE SURGEON INVOLVING CRIMINAL ABORTION, CHILD DESTRUCTION, CONGENITAL DISABILITIES, INFANTICIDE, CONCEALMENT OF BIRTH, AND EVIDENCE OF PATERNITY ARE PRESENTED.

Abstract

ABORTION, SINCE 1967, HAS BECOME AN ACCEPTED LAWFUL PRACTICE IN ENGLAND. DESPITE THIS FACT, CRIMINAL ABORTION STILL OCCURS BUT ITS INCIDENCE IS A MATTER OF GUESSWORK. THIRTY-EIGHT KNOWN DEATHS ATTRIBUTABLE TO CRIMINAL ABORTION OCCURRED BETWEEN 1970 AND 1972. CRIMINAL ABORTION IS NOT SIGNIFICANT FROM THE STANDPOINT OF THE POLICE SURGEON BECAUSE OF ITS RELATIVELY RARE OCCURRENCE AND BECAUSE THOSE WHO SUFFER ILL EFFECTS ARE USUALLY ADMITTED DIRECTLY TO A HOSPITAL. SIMILARLY, THE SERVICES OF THE POLICE SURGEON ARE NOT LIKELY TO BE REQUIRED IN CASES OF CHILD DESTRUCTION, UNLESS HE IS REQUIRED TO EXAMINE THE MOTHER WHEN HOSPITALIZATION IS NOT INDICATED. THE WILLFUL ATTEMPT TO DESTROY, OR DESTRUCTION OF, A FETUS OF MORE THAN 28 WEEKS GESTATION, EXCEPT IN AN ATTEMPT TO SAVE THE LIFE OF THE MOTHER, CONSTITUTES A CRIMINAL OFFENSE. THE POLICE SURGEON MAY BECOME INVOLVED WITH INCIDENTS OF CONGENITAL DISABILITY ATTRIBUTABLE TO NEGLIGENT ACTS CAUSED DURING PREGNANCY, PARTICULARLY IN CASES OF ROAD ACCIDENTS. THE IMPLICATIONS OF ADEQUATE NOTES AND COMPLETE COMPETENT EXAMINATION ARE EMPHASIZED. INFANTICIDE IS A CRIMINAL OFFENSE, DEFINED AS A MOTHER WILLFULLY CAUSING THE DEATH OF HER CHILD IF THAT CHILD IS UNDER THE AGE OF 12 MONTHS AND IF AT THE TIME THE MOTHER WAS MENTALLY DISTURBED AS A RESULT OF PARTURITION OR LACTATION. THE POLICE SURGEON MAY BE REQUIRED TO EXAMINE THE DEAD CHILD, THE INJURED CHILD, OR THE ACCUSED MOTHER. IN THESE RARE CASES, THE GENERAL PRINCIPLES OF EXAMINATION AND INTERPRETATION APPLY. IN CASES OF CONCEALMENT OF BIRTH, THE POLICE SURGEON MAY BE CALLED UPON TO DETERMINE THE FACT OF PARTURITION. FINALLY, A POLICE SURGEON, ON THE NOMINATION OF A TESTER, MAY BE DIRECTED BY A COURT OR SOLICITOR TO BECOME THE AUTHORIZED SAMPLER, THE PERSON AUTHORIZED TO TAKE BLOOD SAMPLES IN PATERNITY CASES. IN CASES WHERE BLOOD TESTING IS INCONCLUSIVE, OTHER INDICATORS SHOULD BE CONSIDERED, SUCH AS PROBABILITY OF PHYSICAL CONTACT BETWEEN PARTIES, PHYSICAL CAPABILITY OF THE ACCUSED MALE, PHYSICAL CAPACITY OF THE MOTHER, AND APPLICATION OF GENETIC PRINCIPLES. (LWM)