Comparison of the quality of clinical forensic examination of victims of physical violence conducted by clinicians and forensic examiners

Abstract

Introduction The Istanbul Convention calls for comprehensive care for victims of violence while maintaining forensic standards. After violent crimes, court usable documentation of injuries and securing of evidence is essential to avoid disadvantages for those affected in criminal prosecution. Material and methods This retrospective study compares forensic relevant aspects in clinical forensic examination of victims of physical and sexual violence conducted by clinicians and forensic examiners. Forensic medical reports based on clinical documentation of individuals of all ages in the period from 2015 to 2018 (n = 132) were evaluated in comparison to a control group of examinations conducted by forensic specialists. A comparative statistical evaluation was performed. Results The study revealed statistically significant differences in forensically relevant aspects. In the clinical examinations, full-body examination was performed in only 37.9%, and concealed body sites were examined in 9.8%. Photo documentation was often incomplete (62.4%), without scale (59.1%), blurred (39.7%), or poorly exposed (31.2%). Information on size, color, shape, and texture of injuries was often missing. In about every third examination, the findings were not described purely objective. A body scheme was used only in 8.3% of the clinical cases. Discussion In order to establish nationwide care structures and the forensic standard required in criminal proceedings, intensive involvement of forensic medicine is essential. Standardized examination materials, regular training of medical staff, and telemedical approaches can improve the care for victims of violence regarding criminal prosecution.

International and European forensic support standards for criminal proceedings

“…Based on the analysis of the provisions of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), C. Walz et al (2023) emphasise that a significant problem for states that accede to international legal instruments may be the fulfilment of the obligations stipulated by them. The researcher notes that not all countries, for example, can provide medical and forensic examinations after sexual violence, as well as assistance and counselling in case of trauma.…”