Acquittal for father: rare genetic variation explained infant's bone fractures
Zurich's upper court has acquitted a father who was convicted of assault on his newborn daughter. Medical expert reports identified a rare gene mutation in the baby.
Acquittal for father: rare genetic variation explained infant's bone fractures
Zurich's upper court has acquitted a man who was previously convicted of assault on his newborn daughter. The lower court in Bülach had imposed a ten-month suspended prison sentence on him in spring 2025. The appellate judges have now overturned this verdict.
Everything began when the parents brought their approximately seven-week-old child to Winterthur cantonal hospital. The girl was no longer moving one leg. Doctors diagnosed a current fracture of the thighbone as well as an older fracture in the lumbar spine. Following this, they informed the cantonal police. The father was held in pre-trial detention for 39 days.
The prosecuting authority believed that the man had broken the crying infant's leg in a moment of overwhelm. Evidence included, among other things, an angry WhatsApp voice message, internet searches conducted by the accused, and a report from the Institute of Forensic Medicine at the University of Zurich.
The parents, by contrast, presented a different explanation: their daughter had a rare genetic variation. A particular variant of the LRP5 gene meant that the child's bones contained fewer mineral salts and were therefore more brittle.
In the appellate proceedings, the defence lawyer presented three new medical expert reports at the end of May. According to these, the girl's bones were 80 per cent more likely to fracture than in children without this genetic variation. Even everyday incidents could trigger such injuries.
The appellate chamber justified the acquittal on the basis of remaining doubts about the defendant's guilt. Whilst the Institute for Forensic Medicine had classified abuse as probable, this report was based on the assumption that there were no genetic abnormalities. The new private expert reports, which confirmed the gene variant, substantially weakened this conclusion.
The man's internet search queries—such as those about babies and anxiety—also did not seem particularly suspicious to the judges. They considered his explanations for them to be credible. Furthermore, it could not be ruled out with certainty that another person had caused the injuries.
The now acquitted father receives damages of 2730 francs. The judges also awarded him compensation of 11,700 francs. This amount exceeds the usual level, the presiding judge stated, because the court recognises the extraordinary psychological suffering of the man.
Source: Blick
Source: Blick