Retrial ordered for carer accused of force feeding autistic child

The Provincial Court of Ourense has ordered the repetition of the trial held in May 2023 against a cafeteria caretaker at a public school in which she was acquitted of a crime against moral integrity for forcing a three-year-old boy with autism to eat. The Court sees “serious defects” in the acquittal.

The first sentence ruled out the crime and considered the facts “malpractice”, for which the woman was fined administratively. Now the Court upholds the appeal of the minor’s family and invalidates the sentence, so another trial must be held with another magistrate.

As stated in the high court’s brief, the Criminal Court No. 1 of Ourense did not consider the testimony of up to four eyewitnesses who illustrated the “absolutely disproportionate” violence of the accused towards the minor, who in addition to using violent force to feed him, going so far as to cross his arms and put one leg over his, she did not pick up the child when he fell out of his chair, and he even changed his diaper in a hallway instead of in the bathroom.

They also point out that the report from the Unión Integral Therapy Centre was not taken into account, “illustrating the minor’s regression, appearing irascible, disorganised and with an impression of restlessness.”

“The sentence suffers from serious defects in that it does not effectively assess the evidence presented,” they say.

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