process
Violence in the daycare center in court – dispute over interpretation
One of the two defendants (l) is talking to her lawyer in the courtroom in the regional court. photo
© Heiko Becker/dpa
Children have a right to a non-violent upbringing. Before the Würzburg regional court, an educator reported alleged violent attacks on small children by a former colleague. The accused sees it differently.
Tackle brutally, force feed them, lock them in dark rooms: kindergartens are supposed to be safe places in which girls and boys feel comfortable. And yet there are always reports of educational misconduct and violence – in one case at a children’s home not far from In Würzburg, the alleged attacks are said to have been so massive that the Würzburg regional court has been dealing with them since Monday.
It’s about coercion, mistreatment of those under protection, dangerous bodily harm and attempted serious mistreatment of one- to two-year-old children – but also about excessive demands and a lack of staff.
Since 2000, the Civil Code has stated that children have a right to a non-violent upbringing. According to the Bavarian Family Ministry, all daycare centers in the Free State have a violence protection concept. It explains, for example, how violence can be prevented or how cases can be processed.
It’s not just about physical abuse like beatings or slaps. Also about psychological violence – when children are shouted down, socially isolated or humiliated. However, especially with very small children who cannot yet speak properly, it is difficult to convince carers without typical signs such as bruises.
Supervisor speaks of screaming, violence and force feeding
Two educators have been charged before the Würzburg regional court. The descriptions of the former leader of a small children’s group at the affected children’s home leave the listeners stunned. “The children then cried, definitely because of the pain,” the 37-year-old tells the 1st Large Criminal Chamber about the alleged attacks by her colleague. For example, when a little girl didn’t want to eat anymore, the 30-year-old would “stuff the spoon full of food into her, (…) so that she choked and then vomited.” The girl then had to clean up the vomit herself.
The 37-year-old accused of failure to act speaks of pulling, rough tackling, yelling and abuse, even causing hematomas. As punishment, the 30-year-old dragged one boy from a bunk bed to the floor and locked others in a dark room. In court, the 37-year-old tried to explain why she didn’t intervene: “I was afraid that no one would believe me.”
The main defendant denies intentional torture
The 30-year-old, however, denies intentionally hurting children or even tormenting them. The now unemployed teacher speaks of excessive demands, a lack of staff and a sometimes short fuse. “Sometimes I was often alone,” says the defendant, referring to up to twelve under-three-year-olds for whom she was temporarily responsible in the community daycare center.
“She never slammed a child to the ground,” her lawyer said. She also did not force feed her. “It was a normal feeding process. The child didn’t want to,” says the defense attorney. After the girl vomited, his client stopped feeding her.
However, the lawyer admits: In some situations at the end of 2021 and beginning of 2022, the 30-year-old behaved inappropriately and unacceptable. If she ever grabbed a child under her arms and sat her on her bottom, it could have appeared rude to objective observers, says the lawyer.
The public prosecutor’s office accuses the 30-year-old of eight cases of intentional bodily harm, coercion, mistreatment of those under her protection, grievous bodily harm and attempted serious mistreatment of those under her protection. It involves at least four victims – a girl and three boys – between the ages of 18 months and 2 years.
The former head of the kindergarten group is said to have noticed the alleged attacks by her younger colleague, but only reported them around a year later. She is on trial for failure to act.
Revenge, jealousy? Difficult search for motif
The public prosecutor suspects private problems between the two teachers were the motive for the crime. Both women are said to have raved about someone else, among other things. Words like revenge and jealousy are mentioned at the beginning of the process.