- Mother defends herself in court
Allegations are hard to bear even for experienced court observers: A couple from Lower Saxony is said to have repeatedly severely abused and raped their daughter or stepdaughter over several months and ultimately planned her death. The 58-year-old man and 54-year-old woman are now standing trial again before the Braunschweig Regional Court, among other things, on charges of conspiracy to commit murder, rape in a particularly serious case, and dangerous bodily harm.
The charges against the couple from Bad Harzburg in the Harz Mountains were previously heard at the same place about a year and a half ago. In that first trial, the mother received a total prison sentence of 13.5 years in June 2023, and her partner was sentenced to nine years and six months. The court even ordered the woman's detention in secure custody. However, the Federal Court of Justice (BGH) overturned the verdict.
Another chamber must retry the case
From the perspective of the federal judges, the evaluation of evidence was flawed, and the testimonial capacity of the alleged victim needed to be clarified. The arrest warrants were lifted. Although the couple remains suspected, there is no longer a strong suspicion of the crime. The case was referred back to another chamber of the Regional Court for a new trial.
In the reopened trial, the mother denies the allegations. "The alleged acts of violence did not occur," her lawyer stated. She never laid a hand on her 26-year-old daughter, did not tolerate any violence against her, and did not attempt to take her life, the lawyer said in the Braunschweig Regional Court. The 58-year-old man, the accused stepfather, remains silent.
In an indictment with a total of 19 points, the public prosecutor's office presented the charges against the couple in detail. According to the indictment, when the crimes were about to be exposed, the couple planned the victim's death with tablets. In the opinion of the prosecution, she was only saved because she had previously confided in a lawyer and agreed on a code word with her. On the day she sent the code word five times, her parents were arrested.
Former partner convicted and imprisoned
The former partner of the 26-year-old was frequently actively involved in the serious crimes. In an earlier trial in 2022, the Braunschweig Regional Court convicted the partner, then 28, of more than six years in prison for severe abuse. The defendant admitted, among other things, a sexual assault in a particularly serious case, dangerous bodily harm, deprivation of liberty, and attempted manslaughter against her life partner. It was only afterwards that the parents came under judicial scrutiny.
Hearings for the new trial against the couple before the other chamber are scheduled until the end of October. The testimonial capacity and interrogability of the alleged victim are particularly at the center. As a first witness, a doctor testified about the testimonial capacity and interrogability, stating that, in his opinion, both were given in the case of the alleged victim. The chamber is also planning to hear the young woman as a witness in the proceedings.
The couple facing charges once again is from Lower Saxony, specifically Bad Harzburg. Despite the initial verdict being overturned by the Federal Court of Justice due to evidence evaluation issues and clarity needed on the victim's testimonial capacity, the new trial has commenced in the Braunschweig Regional Court.
In the new trial, the mother, a resident of Lower Saxony, vehemently denies the allegations against her, claiming she never inflicted any harm on her daughter or attempted to take her life.
