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I imagine it is extremely unlikely, but not being an expert in paediatrics or the law, I can't categorically say for sure.
I would guess there will could be issues with identifying the guilty party if only one parent did it, but the other who disagrees strongly with it still won't give evidence against the other out of fears of loosing their family or reprisals, loyalty misplaced or otherwise etc.
(I in no way think that the following is a justification for the actions or outcome - it is just a hypothetical)
Imagine a father is disgusted and outraged by his wife getting their daughter 'cut', but in all other aspects of parenting he feels his wife is still the best person to look after their daughter and sons because it was an abhorrent anomaly and can't happen again as they don't have any more girls.
He may never forgive his wife personally, but none the less still want to keep his family together and fears that even though his wife should be punished, that doing so will cause additional and unnecessary suffering for the children from that point on.
How do the investigators, prosecution and courts deal with that situation ?
They don't know for sure whether it was the father, the mother or both, but suspect it was the wife.
Without the fathers testimony and evidence, they can't get a clear indication of guilt - so do they prosecute both and put one innocent and one guilty parent in prison and deprive the children of both parents ?
Again, not a legal expert so I can't speak for the law itself on the precise legality, but it is certainly not an absolutely clear cut ethical, moral and legal scenario where any outcome is a 'win'.
Again, I in no way support parents getting away with such abhorrent acts, merely speculating and reasoning why it may be the complexities of specific cases, the law and families having an effect on the prosecution rates. |
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