A Review of Domestic Violence

A Review of Domestic Violence

When asked to review cases in which someone is charged with Domestic Violence, it inevitably means that the case will be a “He Said – She Said” scenario. It is typical that the victim has a story that is significantly different, in terms of mechanism, than that of the defendant. Therefore, it is really a matter of which story is the most likely to have caused the injuries. A review of medical records and photographs of the injuries can often determine who is telling the truth, and who is exaggerating the facts. 

Scenario 1

Take, for example, a scenario in which a woman has a broken wrist. She claims her boyfriend bent her wrist in a motion where the fingers were brought down towards the elbow and the wrist was hyperflexed. The boyfriend claims they were arguing and she fell off the bed onto her outstretched hand. In this scenario, one would look at the type of fracture that was sustained and determine the most common cause of the fracture. That information might enable them to conclude which is the most likely mechanism by which her wrist was broken. 

Scenario 2

In another hypothetical situation, the victim has bruises to her upper arms and claims that her boyfriend dragged her out of the park where they had been arguing. He claims that he did take her by the elbow to guide her out of the park but that she had fallen in the process. In this scenario, one would only be able to look at photographs to determine the most likely scenario as there is no reason for her to see a physician or go to the ER. In the review, one would look at the bruise itself to see if there were finger marks so that they might be able to determine the angle from which he was holding her arm. If he was dragging her, with her arm over her head for example, the fingers would be in a different position than if he was escorting her and she fell. The soft tissue injuries to the legs and body would also have a different appearance – one is often able to determine the direction that the body was going from abrasions. 

Scenario 3

In our final story, a woman initially has no memory of the event but then later claims that her boyfriend hit her in the face and knocked her unconscious. She is found face down on the ground at the bottom of a few stairs. The fact that she initially had no recall of the assault indicates that she is not likely to suddenly remember what happened. It is more likely that someone suggested that her boyfriend hit her and she then decided that was the truth. It is also true that she would more likely be found on her back or side if she was hit in the face, although it is not impossible for her to land face down depending on the angle of impact. In this case, the photographs are also critical as she will have soft tissue injuries which will determine whether an assault occurred. An assault to the face will result in lacerations, bruises and/or fractures. The boyfriend’s statement that she was drunk and tripped down the stairs would be supported by abrasions, which are caused by friction or shearing against a hard surface. The cells are essentially scraped off the skin. 

Summary

The medical records and photographs of the victim are often helpful in domestic violence cases in order to determine what evidence there is of the mechanism of injury. It is probable that the stories given by the defendant and victim are both conceivable. However, in the majority of the cases we have reviewed there was something in the medical records that definitively identified the most likely mechanism. 

* Disclaimer: It is not the intention of the author to infer that all victims of domestic violence are women or that all defendants are men. It was for ease of understanding and readability that we chose to use these gender identities in all the hypothetical scenarios presented.