Abusive head trauma in court: a multi-center study on criminal proceedings in Germany

• DOI: 10.1007/s00414-020-02435-5
• Publication Date: 2020-10-08T07:02:49Z
• Authors: Katharina Feld; Dustin Feld; Bernd Karger; Janine Helmus; Nneka Schwimmer-O...; Heidi Pfeiffer; Sibylle Banaschak; Daniel Wittschieber
• Keywords: Acquittal; Shaken Baby Syndrome; Complaint; Imprisonment

Abstract The shaken baby syndrome (SBS) is a common variant of abusive head trauma (AHT) in infants and toddlers. Data on the legal outcome such cases are still sparse. By means retrospective multi-center analysis, 72 living children diagnosed with SBS/AHT from three German university institutes medicine were identified. Forty-six these 68 accused individuals available could be evaluated regard to basic data course criminal proceedings as well profile defendants (sub-divided into suspects, convicts, confessed perpetrators). Criminal predominantly commenced complaint by treating hospital (62%) found closed (without judgment) 50% cases, mostly due “lack sufficient suspicion.” Of 23 judgment, court decided acquittal 4 (17%). Imprisonment was most frequent sentence (16 out 19 conviction, 84%), whereby has been suspended probation 63% cases. Suspects perpetrators male derived close family environment injured children. All stated an “excessive demand” reason for violent shaking child. results present study line other studies systems. As many acquittals occurred because perpetration not ascribed specific perpetrator, improving forensic methods unequivocal assignment would desirable.