- April 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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# AI Legalese Decoder: Providing Clarity and Understanding in Complex Legal Situations
I recently sought advice on a disturbing situation involving my cousin’s girlfriend, who, unfortunately, attacked her 14-week-old baby girl. Despite initially trying to pin the blame on my cousin and fabricating multiple false stories, she eventually confessed to the heinous act. She now claims she was in a delusional state, citing severe borderline personality disorder exacerbated by the loss of her father and postnatal depression. However, her relationship with her father was strained, and she had shown no significant signs of grief prior to the incident. She is seemingly exaggerating her mental health issues to evade responsibility and manipulation.
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The perpetrator has a history of anxiety and depression, has been unemployed for years, and has heavily relied on my cousin for financial and emotional support. Despite choosing to have a child, she harbored resentment towards the baby and continued to prioritize her personal indulgences over parental responsibilities. On the day of the assault, she was observed behaving rationally, contradicting her claim of being delusional. It is evident that her actions were premeditated and not a result of a sudden mental breakdown.
The issue of custody has arisen, with the baby currently under the care of my aunt. My cousin, who has severed all ties with the baby’s mother, is poised to regain custody once the legal proceedings are finalized. The question of her potential defense of insanity raises concerns about her accountability and the likelihood of facing imprisonment. Despite her troubled upbringing, she has demonstrated an awareness of right and wrong, making it challenging to sympathize with her actions.
Living in England, it is essential to adhere to the legal framework governing such cases within the UK jurisdiction. With AI Legalese Decoder, we can navigate the legal landscape with precision and clarity, ensuring a thorough understanding of the legal implications and the necessary steps to pursue justice and protect the welfare of the child.
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****** just grabbed a
NAL but a doctor.
I’ll keep it short. It comes down to “being of sound mind” not “getting away with it.”
She could have puerperal psychosis from having just given birth. So, yes, she may not be charged or convicted if this was shown to be the case.
Just have to let police, CPS and justice system do their work.
Prisons are absolutely full of people who had adverse childhood experiences and serious mental health issues. So much so, that there’s a good argument to say that prisons are just the new asylums.
If she had postnatal psychosis, then that would be a stronger case, but there’s little suggestion of that from your post. The alternative to prison in such cases is a hospital order – some say they’re worse because there’s no end date.
You’ll have to let the police, CPS, courts and doctors do their thing. Once you know exactly what she’s been charged with, you can look up the sentencing guidelines on the Sentencing Council website.
The Family Courts are separate. They do tend to believe that children have a right to a relationship with both parents. You might find – and this is pure speculation – that she doesnt regain custody of the baby, but she is allowed supervised contact at a contact centre in future. But there are far too many unknown unknowns at this stage to start predicting anything at this stage.
Momentary loss of control is often cited by abusing parents. It is because continual denial in the face of evidence never looks good. In the family court, the welfare of the child is paramount.
In short, it doesn’t matter what the cause for the attack was, but the impact on the child and the likelihood of it reoccurring. Since this appears to have been a serious attack on the most vulnerable of children, there is little prospect of a judge ruling their return to the parent.
There would need to be significant mental health work undertaken and expert analysis of whether this work has reduced the risk to the baby.
Courts also should conclude care proceedings within 26 weeks. This means that any therapy cannot be completed in a timescale that meets the child’s welfare needs. Therapy can take years and is never guaranteed to succeed.
I will quickly outline the relevant issues that will come up so you have some idea of what is happening to support your family. All legal questions should be deferred to the lawyers involved who have full grasp of the facts.
There are two aspects.
1. Criminal Proceedings – there is a special verdict available of “not guilty by reason of insanity”. This requires that the person either “not know the quality or nature of the act” or “not know that what he was doing was wrong”.
This is quite a high bar – we’re talking hallucinating that the baby is in fact a monster, or that for some reason beating the baby is necessary to ensure its survival. This would require careful analysis by a psychiatrist, possibly two.
To give an idea of the level of this bar, of the over a million criminal cases brought in the UK each year, under 30 run a successful insanity plea. The recent case of Valdo Calocane, who stabbed 3 people to death in Nottingham in a state of psychosis where he believed his actions were controlled externally, and with vivid hallucinations of voices did not clear this bar. He knew he was stabbing people, and knew that was wrong, and therefore was not insane in the eyes of the law.
I’d also note that an insanity defence does not mean getting away with it – telling the court you are so dangerounsly unwell that you cannot control your actions or know what you are doing will often result in an immediate hospital order, which is not a pleasant place to be.
Outside of an insanity defence it may mitigate the sentence. That is, the judge will apply a more lenient sentence. For GBH on a baby, they are however still constrained by the sentencing council, and it would be very unlikely that a custodial sentence is not applied. However, they could also use a hospital order if they judge the defendant to be seriously unwell.
2. Child custody proceedings – The court will make all decisions in the best interests of the child. There is a starting presumption that contact with both parents is in the interest of the child. This is a rebuttable presumption – so it is possible to stop contact. However it is perhaps better to think of this as a spectrum of outcomes – the starting point would be 50:50 custody, and then the court can move to one parent having them overnight, to daytime only, to supervised contact in a contact centre, to 1-1 supervised contact with a social worker present, to phone calls only, to letters only, to no contact. Complete removal of parental responsibility is difficult and it is likely the mother will be able to apply for some form of contact. Obviously the danger she poses will be a significant factor, and supervised contact would be the likely most she is allowed.
If you are accurate in your assessment that she resents the baby, she will likely not bother with that for too long.
In terms of next steps;
1. Your brother can make a statement to the police with all the information about how he considers her to be lying.
2. Your brother should continue to work with social services and make use of the free legal aid he is entitled to for that purpose.
If you know that she is telling lies to the police, or to Social Services, why don’t you tell them what you know?
Mothers injuring their babies is not super rare. It even has its own name, infanticide (if it leads to death). I want to advise you that if she is dangerous to her child she won’t just “get away with it”. Psychiatric treatment is hard core, especially inpatient. It can be worse than a prison. BPD can lead to episodes you described and being a newmother it is extremely common for people’s mental health issues to get suddenly very much worse after giving birth.
She should have been under the support of a post natal mental health team if she has a diagnosis of bpd. I would advise checking if this was provided by the maternity team at the hospital. Otherwise that is pretty bad no one was checking up on her. They will have records of her mental health and if she had expressed desires to hurt the baby.
I would advise that you leave it up to the professionals to make a decision. If it is mental Illness, then hopefully she can recover and have some kind of relationship with her child in the future.
I would recommend your cousin report all of this and take down as much evidence (and copies of) as they can. In the event she tries to get custody again or disputes it.
Not a lawyer but am a forensic social worker (I work in a secure hospital). She won’t ’get away with it ’ if she pleads mental illness.
You should steer away from trying to understand her mental health struggles. Leave it to her and professionals.
She will now have access to and the impetus to get help. That is her journey if she ever wants to be part of her child’s life.
BPD is a horrible disease. She is responsible for her actions, but not responsible for having BPD.
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She could just get a Community Payback Order. Which can be as low as just a suspended sentence, a fine or community service.
One woman was found to have beaten her child and in an other incident was offering a child for sale in a Kilmarnock street and wanting £1 million for it. The child stayed with her and the mother effectively got no punishment, apart from a slap on the wrists.