Interpretation of Ano-Genital Findings Could Have Lead to Unsafe Convictions

New research into Ano-Genital findings casts doubt over the interpretations.

Ano-genital findings, namely signs of injury or other non-natural interference, often form part of child abuse prosecutions.

In recent years new research has cast doubt on some old beliefs, and it may be the case that some convictions are unsafe. The most recent authoritative guidance is that provided by the Royal College of Paediatrics and Child Health entitled “An evidence-based review of the literature on Physical Signs of Child Sexual Abuse” published in 2008 (“the 2008 RCPCH”).

Some key messages from the text are that:

• There is a lack of decent quality comparative studies in some areas.
• Reflex anal dilatation can occur in both abused and non-abused children although it may be more frequent in the former.
• Certain terms should no longer be used including gaping, laxity, funnelling, twitching and winking.

Impact on Recent Cases.

In S and Others [2012] EWCA Crim 1433 several convictions for child sexual abuse were quashed due to incorrect interpretation of medical evidence.

In the cases of C, S & B no factual issues arose from the new medical evidence which is accepted as correct. Evidence at trial was significantly inconsistent with it, the evidence at trial is conceded to have been incorrect. In the case certainly of C – but also of S and B – it is arguable that errors in the medical examination and interpretation arose from incorrect/inadequate practice even by standards of the time.

The Court quashed the convictions in three of the four cases.

Whilst the appeals are of course fact-specific, all practitioners are advised to look at this judgment, and note carefully the experts involved, to see whether any past cases might also be worthy of further scrutiny. We have concerns that a great many cases have been impacted and that people are simply unaware of the issues involved.

Our lawyers continuously monitor medical developments and assess any impact it may have on cases where an injury is alleged.

How can we help?

If you have concerns about the safety of any conviction, do not hesitate to contact our specialist lawyers. If you would like to discuss any aspect of your case, please call us now on 0161 477 1121 or email us if you have any questions in relation to this article.