TWO hundred babies are killed or
seriously injured each year by being shaken but parents and carers are
escaping prosecution, a Home Office report discloses.
Cases of babies being shaken have often been given low priority by
senior police officers or have been regarded as too difficult to
prosecute.
According to the report, drawn up by two Scotland Yard detectives,
police and lawyers have failed to recognise that they have often been
dealing with murder or attempted murder and would need highly skilled
forensic and medical aid. When police called a national conference of
150 detectives last year to discuss shaken babies only seven officers
had received any training, yet 41 had actually carried out
investigations.
Although shaken baby cases are among the most complex to investigate,
few senior officers were prepared to commit manpower. When the authors
of the study examined one case they found it was being investigated by a
lone sergeant equipped with a box file.
If a case went ahead, police faced juries unwilling to accept the
possibility that any parent could harm their baby. The report said:
“This lack of belief that parents and carers could stoop to such a crime
is one of the major difficulties police have in convincing juries.”
Even if attackers were successfully convicted the study found that
penalties by courts were inconsistent, ranging from a suspended sentence
to life imprisonment.
When a baby is violently shaken, causing its head to whip backwards
and forwards, the brain moves within the skull breaking blood vessels
and leading to a blood clot.
The latest Home Office crime figures for 2000-01 show that children
under the age of one are the group most at risk from murder. Some 70 per
cent of offenders are men.
Detective Chief Inspector Phil Wheeler, co-author of the report, said
that his research suggested there were at least 200 cases a year. Only
last week Mr Wheeler, now a national expert on the crime, was contacted
about four new cases across the country.
He said: “People don’t realise the number of cases. We fall down
because people say it’s a baby and the child protection team can deal
with it, not a murder squad.
“We don’t recognise the child is as important as the adult,” he
added. There would be a public outcry if people realised the extent of
offences. When Mr Wheeler, who carried out the successful prosecution of
the Australian nanny Louise Sullivan in 1999, started his research he
found that many officers began investigations by desperately searching
round the country for a colleague with any experience.
The researchers found a London case from 1992 in which the baby
survived but the Crown Prosecution Service decided against prosecuting
the father although there was evidence of abuse. The police had
collected five statements. The Louise Sullivan case needed more than 100
witnesses, including 56 doctors.
The report noted: “The police service is probably at its best
investigating murders of children who are somewhat older than one year
of age. In making visits to police officers who are investigating cases,
it is clear that the death of a baby is given second-class status by
senior officers.”
Computers and manpower are not available and detectives are left to
rely on old-fashioned methods. Yet they need highly skilled medical
advice and evidence to counter clever defence lawyers.
Mr Wheeler said one of the problems was the lack of experts such as
paediatric and ophthalmic pathologists. “There are cases where people
are getting away with it,” he said.
Cases were not going to court because of the difficulties of putting
a time to when attacks took place and ascertaining the perpetrator of
the assaults. Defence lawyers would sometimes claim the injuries came
after a child had rolled off a sofa or as a reaction to vaccination.
But Mr Wheeler said that recent research had led to improvements by
police, and investigations had become better. A thousand CDs giving
details of how to investigate shaken baby cases were being sent by the
Home Office to police.
The 230-page report ends with 29 recommendations, including a
requirement for police to send details of all cases to the Department of
Health and that everyone handling shaken baby cases should be given
special training.
The report calls for the reorganisation of the management of child
protection units across the country. It also advocates widely
distributed publicity that would issue warnings of the dangers of
shaking babies. The publicity should be aimed particularly at men aged
between 18 and 25.