Article Type : Research Article
Authors : Fourati H, Cherif Elkhal M and Shimi M
Keywords : Bodily harm; Forensic medicine; Violence; Forensic assessment; Compensation; Medico-legal standards
Bodily harm resulting from violence represents a major
challenge in forensic medicine, with significant medical, legal, and social
implications. Victims present a variety of physical, psychological or sexual
injuries, requiring accurate and rigorous documentation. Forensic assessment
relies on standardized protocols, clinical and complementary examinations, and
a multidisciplinary approach involving clinicians, forensic experts, and legal
professionals. This review synthesizes current knowledge on the types of
violence, quality of forensic examinations, international standards, and
challenges related to legal compensation for victims. It emphasizes the
importance of inter-expert consistency, continuous training, and alignment with
national and European legal frameworks. In conclusion, evaluating bodily harm
caused by violence requires updated expertise, harmonized standards, and close
collaboration between the medical and judicial systems to ensure reliable
reports and fair compensation for victims.
Bodily
injury resulting from violence represents a major challenge in contemporary
forensic medicine. Victims may present with a wide spectrum of injuries,
ranging from blunt force trauma to sharp force and firearm-related injuries, as
well as sequelae associated with sexual and psychological violence [1,2,3].
These injuries require accurate and rigorous documentation in order to properly
assess the medical and legal impact of the assaults [4,5]. Forensic medicine
plays a central role not only in the description of injuries but also in the
assessment of harm and in guiding judicial proceedings. The quality of forensic
examinations and the resulting medico-legal reports has a direct impact on
victim compensation and reparation [6,7]. Contemporary challenges include
inter-expert variability, lack of harmonization of assessment protocols, and
the complexity of evaluating physical and sexual injuries [8]. The adoption of
international standards and the development of multidisciplinary approaches are
essential to ensure the reliability of forensic expertise and fairness in the
compensation of harm. This review aims to synthesize current knowledge on the
medico-legal assessment of victims of violence and to propose strategies to
improve practices and harmonize standards.
Violence
resulting in bodily injury can present in various forms. It includes physical
violence, such as injuries caused by blunt objects or sharp instruments, as
well as sexual violence and indirect psychological harm. Studies show that the
majority of victims experience multiple types of traumas simultaneously, which
complicates forensic evaluation [1-3]. The main types of observed violence,
their clinical manifestations, and the populations affected are summarized in
(Table 1).
Physical violence
Blunt
and sharp force injuries are the most frequently observed in forensic medicine
units. Ozdemir emphasizes the importance of systematic and detailed
documentation for each case to support judicial proceedings [1]. Eze and
Ojifinni highlight the challenges related to evaluating sharp force injuries,
particularly in determining the nature, severity, and mechanism of trauma [2].
Sexual and psychological violence
Sexual
violence often leads to both physical and long-term psychological sequelae.
Haroual demonstrate that the forensic examination of children who are victims
of physical and sexual violence requires a multidisciplinary approach involving
pediatricians, psychologists, and forensic experts [3]. The accuracy of reports
and inter-expert consistency are essential to ensure the legal redress of
victims [4,6].
Documentation and reliability of
examinations
Inter-clinician
and inter-expert variability remain a major challenge. Walz demonstrated that
examinations conducted by specialized experts provide more detailed and
reliable reports, thereby enhancing the validity of judicial procedures [4].
Bardaa also emphasize that training and the standardization of protocols help
reduce this variability [5].
Evaluation and compensation
The
assessment of bodily harm, particularly in cases of sexual violence, directly
influences compensation and legal redress. Pefferkorn and Kayem show that
compensation depends on several factors, including the extent of injuries, age,
and socio-legal context [6,7]. Franceschetti stress the importance of a
multidisciplinary approach to evaluate properly complex cases and multiple
traumas [8].
The
forensic evaluation of victims of violence relies on standardized protocols and
rigorous methodologies to ensure accuracy, consistency, and legal value of
examinations [1,4]. Documentation should include a detailed description of
injuries, photographs, objective measurements, and, when necessary,
complementary examinations such as medical imaging. Key steps in forensic
evaluation, including objectives and tools used, are presented in (Table 2).
Standardized protocols
The
use of standardized protocols, such as those inspired by the Istanbul Protocol
for the medico-legal documentation of torture and ill-treatment, reduces
inter-expert variability and ensures a homogeneous evaluation of physical and
sexual injuries [8]. These protocols define clear steps for clinical
examination, evidence collection, and report writing, thereby improving the
reliability of forensic assessments [4].
Multidisciplinary approach
The
complexity of cases, particularly in sexual violence or multiple traumas,
requires a multidisciplinary approach. Haroual demonstrated that collaboration
between forensic physicians, clinicians, and psychologists allows for a more
comprehensive assessment of physical and psychological harm [3]. This approach
also facilitates referral of victims to appropriate care and psychological
support.
Quality and reliability of
examinations
Studies indicate that examinations performed by specialized experts yield more detailed and legally reliable reports than those conducted by non-specialized clinicians [4,5]. Continuous training and standardization of procedures are essential to guarantee the quality of forensic assessments and effectively support judicial processes.
Figure 1: Workflow of Forensic Evaluation of Victims of Violence.
Table 1: Typology of Violence and Bodily Injuries.
|
Type of Violence |
Example of Injuries |
Frequency / Most Affected Population |
Main Consequences |
References |
|
Physical – blunt object |
Contusions,
bruises, hematomas |
Adults and
children, frequently observed |
Pain,
reduced mobility, aesthetic sequelae |
[1,2] |
|
Physical – sharp object |
Lacerations,
cuts, stab wounds |
Adults |
Risk of
hemorrhage, permanent scars |
[2,3] |
|
Sexual |
Genital
trauma, sexual abuse, sexual violence |
Women and
children |
Psychological
sequelae, long-term trauma |
[3,6,7] |
|
Psychological / emotional |
Post-traumatic
stress, anxiety, depression |
All age
groups |
Impact on
quality of life, behavioral disorders |
[3,8] |
|
Combined violence |
Combination
of physical and sexual injuries |
Adults and
children |
Complexity
in evaluation, multiple sequelae |
[3,4,8] |
|
Detailed Description |
Objective / Importance |
Examples / Tools |
References |
|
|
Clinical
examination |
Inspection, palpation, measurement
of injuries |
Identify the nature, severity, and
age of injuries |
Goniometer, measuring ruler,
comprehensive examination |
[1,4] |
|
Photographic
documentation |
Digital photos with scale and
multiple angles |
Provide objective evidence and
traceability |
Digital camera, reference scale |
[4,8] |
|
Complementary
imaging |
X-ray, CT scan, MRI as needed |
Detect internal or bone injuries
not visible externally |
X-ray, CT-scan |
[4] |
|
Collection
of testimony and contextual data |
Victim statements and third-party
observations |
Understand the mechanism of the
assault |
Standardized questionnaires,
interviews |
[3,8] |
|
Harm
assessment |
Physical, psychological, and
social analysis |
Estimate damage for compensation
and legal purposes |
Pain scales, psychological
assessment |
[6,7,8] |
|
Forensic
report |
Structured report with conclusions
and recommendations |
Provide reliable information for
justice and reparation |
Standardized template, clinical
and forensic summary |
[4,6,7] |
|
Multidisciplinary
approach |
Collaboration between clinicians,
forensic physicians, psychiatrists, and psychologists |
Ensure comprehensive and coherent
expertise |
Interdisciplinary meetings, joint
consultations |
[3,8] |
Implications for legal redress
The
rigor of examinations directly affects the assessment of harm and victim
compensation. Pefferkorn and Kayem underline that precise and reliable reports
enable a better understanding of the severity of injuries and guide equitable
legal redress [6,7]. The typical pathway of a victim through a forensic unit,
from initial examination to report writing and judicial referral, is
illustrated in (Figure 1).
Forensic
evaluation of victims of violence is not limited to documenting injuries: it
constitutes a central element in assessing harm and determining legal redress.
The quality and accuracy of examinations directly influence victim compensation
and the conduct of judicial proceedings [6,7].
Bodily harm and compensation
The
determination of bodily harm is based on the assessment of physical,
psychological, and sexual injuries sustained by the victim. Detailed
examinations supported by standardized protocols allow experts to provide clear
conclusions on the severity of injuries and their impact on victims’ daily
lives [1,4,8].
Compensation and influencing
factors
Pefferkorn
show that compensation for victims of sexual violence depends on multiple
factors, including the extent of injuries, age, and the legal and social
context of the case [6]. Similarly, Kayem highlight that consistency and rigor
in medico-legal reports are crucial for ensuring fair and appropriate redress
[7].
Importance of forensic methodology
The
adoption of international standards and a multidisciplinary approach guarantee
the reliability of reports, thereby strengthening their legal value. Experts
must combine clinical skills, legal knowledge, and methodological rigor to
produce assessments that effectively support judicial proceedings [3,4,8].
Challenges and perspectives
Key
challenges include inter-expert variability, lack of harmonization of
practices, and the complexity of cases involving multiple types of violence.
Continuous practitioner training and implementation of standardized protocols
are essential to improve the quality of assessments and ensure equitable
redress for all victims [5,8].
Bodily
injury related to violence represents a major challenge for contemporary
forensic medicine, involving a wide range of physical, sexual, and
psychological injuries that require rigorous documentation and a
multidisciplinary approach involving clinicians, forensic experts, and legal
professionals [1,3,8]. Standardization of protocols and the adoption of
validated methodologies, such as those inspired by the Istanbul Protocol,
improve inter-expert consistency, report reliability, and accuracy in harm assessment—factors
essential for compensation and legal redress [4,8]. Future directions to
enhance the quality of forensic assessments include continuous training of
practitioners to reduce variability, harmonization of forensic standards at
national and international levels, development of multidisciplinary
collaborations for complex cases, and integration of complementary tools such
as imaging and specialized analyses to better document injuries and their
consequences. These measures aim to ensure thorough and rigorous evaluation,
equitable reparation for victims, and contribute to the prevention and
reduction of violence in society [9-29].