Abused Baby in Lower Austria: 18 Months Probation for Mother

The 21-year-old Czech woman was sentenced to 18 months of suspended imprisonment for serious bodily harm. The 25-year-old father from Syria, however, was acquitted of the charge of tormenting or neglecting minors. The verdicts are not legally binding. Both defendants had denied the allegations in the single-judge trial.

The mother allegedly caused brain hemorrhages and bone fractures to her few weeks old son in the summer of 2023 by rough handling and shaking. The infant suffered hemorrhages between the dura mater and the brain, as well as serial rib fractures. Additionally, there were retinal hemorrhages and bruises on the body, as well as fractures of both upper and lower legs. According to medical expert Wolfgang Denk, the injury pattern is considered "typical for shaking."

Between December 2023 and February 2024, the accused is said to have again roughly attacked and shaken her son, according to the indictment. The father of the infant was accused of leaving the baby with his wife, even though he knew she was overwhelmed. However, a gross breach of duty could not be established here, emphasized the single judge.

Mother: "Would Never Hurt a Child"

The defendants, represented by Astrid Wagner, had vehemently denied the allegations. "I would never in my life hurt a child," stated the 21-year-old, who had taken on the main part of child care. "I have always tried to give my child everything a mother should give." The boy's pain was always clarified by a doctor, and "every help" was also accepted.

Similarly, the second defendant expressed himself. He had never seen his partner in a situation where she was overwhelmed, the 25-year-old father stated. He also did not witness any abuse by his wife; rather, the first defendant was "kind" to the child. From the perspective of the two accused, various injuries to the boy occurred in the hospital. A broken hand resulted from the baby getting pinched.

Boy is placed with foster family

In general, the Syrian reported a difficult overall situation. The child was born a month early, and there were complications during birth. "I want the best for my son," the defendant emphasized. The boy was ultimately placed with a foster family. "He is developing excellently. Thank God he has no lasting damage," prosecutor Gudrun Bischof highlighted. "When he was with you, he was doing poorly, now he is doing well," she added towards the father.

The family was supported by child and youth services following a risk report after the boy's hospital stay in September 2023, a staff member of the Gänserndorf district administration described during her questioning. Several support services were installed, and there were monthly meetings with the parents. "The impression was that the severity of the injury was not understood," the witness stated. During another hospital stay of the infant in early February 2024, the official removal of the child occurred.

Regarding the sentencing, the judge noted that the mother's status as a young adult and her previous clean record had a mitigating effect. She acted out of being overwhelmed in her situation as a young mother abroad with a "perhaps not entirely unproblematic child." The acts were committed in the absence of the husband, and the injuries were not recognizable to the rest of the family, the judge stated. Defense attorney Wagner requested time for consideration for her clients, while prosecutor Bischof made no statement.

(APA/Red)

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