| A senior
high court judge has warned doctors and lawyers that a method widely used
in investigating cases of suspected child sex abuse could lead to "grave
miscarriages of justice". The warning will add to concerns about the
reliability of child abuse investigations in the wake of a series of cases
in which mothers accused of murdering their children have eventually been
cleared.
The warning, delivered last week in an as-yet unpublicised judgment by
Mr Justice Holman, throws doubt on another aspect of child abuse investigations
- the reliance on photographs for expert opinions in cases of alleged
sex abuse.
The judge said he wanted to alert doctors and lawyers to the "potential
danger" in doctors' giving expert opinions based on photographs of
a child's genitals taken during an initial physical examination.
In the case of a couple from the north of England with two small daughters,
he said the practice had only
"narrowly avoided causing a grave miscarriage of justice and wrongly
breaking up a family, perhaps for ever".
Lawyers believe this may lead to the reopening of a series of cases in
which photographs were taken by colposcopy - using a probe with a digital
camera attached.
The child law expert Allan Levy QC said:
"It's a cautionary tale of the highest degree. The Royal College
[of Paediatrics and Child Health] and the professions generally need to
consider it very carefully. Something absolutely fundamental that you've
taken for granted, you've really got to look at again."
The wrong diagnosis was put right only because two of the doctors who
diagnosed sexual abuse from still photographs by colposcopy decided they
needed to do a physical examination when the case went to the court of
appeal.
Two doctors who had initially examined the girl thought her hymen might
have been torn as a result of penetration. Pictures were sent to two experts,
a consultant paediatrician and a forensic physician, who also diagnosed
penetration.
It was only because the case was going to the court of appeal and further
reports were required that the two experts decided to examine the girl.
They found that her hymen was intact and there was no evidence that she
had been abused.
They said they had been misled by the pictures, and that photographs
they themselves took during their examination did not match what they
had seen with their own eyes.
The judge said he was not criticising any individual doctor, but added:
"The story is a very serious one. The consequences for this family
have been grave and might have been even more grave." He made an
order banning identification of the family.
Their ordeal began when the mother's sister told social workers that
the girl, then aged two and a half, had told her "daddy hurts my
bum" when she was changing her nappy. But, the mother said, the child
complained to both parents about nappy-changing because she had suffered
from inflammation, unrelated to abuse, from the age of nine months.
Under threat of having the children taken into care, the mother had to
leave the family home and go to live with her father in another town.
The mother's solicitor, Clare Routledge, said:
"The family suffered the most appalling hardship. The local authority
thought the father was a pervert. They got into debt because they were
having to live apart."
The judge said that from December 2000 until the two doctors reported
in June 2003, all the medical evidence was to the effect that the girl
had definitely been sexually abused, with penetration.
The judge quoted the guardian appointed to safeguard the children's interests,
who said:
"It is a devastating and sobering thought that had another physical
examination not been carried out, the outcome to this case might have
been very different."
Mr Justice Holman urged the Royal College of Paediatrics and Child Health
and the Association of Police Surgeons to reconsider their joint guidance
that the prime use of photos is
"to enable additional medical opinions to be obtained without subjecting
the child to further examination."
He said extra examinations were "preferable to a potential grave
miscarriage of justice and irreparable harm" to children and parents.
Alan Craft, the president of the royal college, said:
"We are aware of the need to review our guidance on the physical
signs of child sexual abuse. As part of our review, we will be looking
at how you get the evidence."
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