Child abuse

The Provincial Court of Guipúzcoa (AP) has acquitted some parents who had been accused of trying to kill their newborn daughter through the so-called "shaken baby syndrome" (frequent brain and eye injuries in cases of baby abuse). The AP explains that, although the child had serious injuries (brain hemorrhage, eye injuries, seizures, and even suspicion of bone fracture), it has not been clearly and beyond any doubt proven that said injuries were caused by an intentional shaking

The AP relies on multiple medical and expert reports , which have been documenting the girl's evolution from pregnancy to months after hospital admission. The defense experts highlighted the presence of multiple genetic anomalies (such as an alteration in chromosome 22), pregnancy issues, serious infections like cytomegalovirus, and various diseases before and after the alleged event. All this points to a complex medical pathology , with a tendency to spontaneous bleeding and developmental delays, which may explain the injuries aside from possible abuse.

Furthermore, it has been noted in the process that the parents always took the girl to different medical professionals and that there is no family context of neglect or risk . Social workers and family members who have had contact with the minor also stated in court that they did not observe signs of abuse by the parents and that they maintained an affectionate and diligent relationship with their daughter.

Finally, the Court of Appeal emphasizes that, although some injuries could be consistent with abuse , there are reasonable alternatives of medical explanation, mere suspicion is insufficient for a criminal conviction. Consequently, the presumption of innocence is maintained and the parents are acquitted of any crime.

Our lawyers can provide you with the appropriate advice and exercise the defense of your interests in proceedings arising from acts that constitute or may constitute a crime, always preserving the interests of the minors who may be affected.