claw3 on Mon 17-Nov-08 12:01:56
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"As you say, you seek medical advice, abusers dont. I can appreciate that some medical conditions could be mistaken, but others most definately could not."
This isn't actually statistically true. Some abusers do seek medical advice and that's how they're caught. And in fact, many medical practitioners believe than an excessive interest in going to the doctor is a dodgy sign in itself (Munchausen by proxy). As it's the medical practitioners who are going to be the expert witnesses in court what they believe is pretty relevant to the running of the justice system.
Anyway, what do we do about those medical conditions that could be mistaken? Do we make a law that says a jury has to know about all the medical conditions there are- and any that may yet be discovered!- before they are allowed to return a guilty verdict in a case where it might carry a castration sentence?
In our case, it wasn't even a jury who didn't know about dd's condition: it was a consultant paediatrician. And there is no doubt that her condition affected many different parts of her body that had no obvious connection with each other, but some of which (e.g.frequent UTIs) are sometimes connected with abuse. So what hope would we have had in front of a jury? Thankfully, it never went that far. But if it had, I think ours is a good case for meeting out punishment that is not irreversible once it turns out a mistake has been made.
Remember, there have been cases where innocent people have been jailed on suspicion of child abuse. How would you undo a castration?