By: Alison Palmeri, Staff Writer
Recently, Purvi Patel was convicted for feticide and neglect of a dependent.[1] On March 30, 2015, Patel was sentenced to 20 years in prison. Patel was convicted under the Indiana statute that “bans ‘knowingly or intentionally terminat[ing] a human pregnancy’ with any intention other than producing a live birth, removing a dead fetus or performing a legal abortion.”[2]
In July of 2013, Patel arrived at St. Joseph Regional Medical Center showing signs that she was having a miscarriage. All that was missing was the baby. On suspicion of child abuse, the doctor on staff reported to the police that Patel said “she’d had a miscarriage and had left her stillborn fetus in a dumpster behind a shopping center.”[3] The fetus was pronounced dead on arrival.
According to National Advocates for Pregnant Women (NAPW), “the verdict makes Patel the first woman in the U.S. to be charged, convicted and sentenced for ‘feticide’ for ending her own pregnancy.”[4]
Generally, feticide has been used as an additional crime in cases where a fetus is killed or injured when someone commits a crime against a pregnant woman.[5] There are at least 38 states that have fetal homicide laws.[6] Of those 38 states, 23 of the states’ laws apply to any, including the earliest, stage of pregnancy.[7] Thus, the law that was intended to be used against 3rd parties, has now been used against a pregnant women and some speculate that the law could be interpreted to apply to a woman’s behavior during her pregnancy (such as smoking, drinking or using drugs).”[8]
Although Patel claims it was a natural miscarriage and that she was in shock, the defense argued that this was the result of illegal abortion pills.[9] There were texts to a friend where Patel discussed purchasing the pills; however, according to the toxicologist, there were no traces of drugs in Patel or her baby’s body.[10]
Patel’s conviction has led some to assert that women will be less likely to seek out doctors’ assistance[11] for fear they will also be prosecuted if their pregnancy ends in anything but a live birth.
[1] Kaplan.
[2] Kaplan.
[3] Kaplan.
[4] Kaplan.
[5] “Fetal Homicide Laws.” National Conference of State Legislatures. March 2015. http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx.
[6] “Fetal Homicide Laws.” Those states include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin.
[7] “Fetal Homicide Laws.”
[8] “Fetal Homicide Laws.”
[9] Kaplan.
[10] Kaplan.
[11] Kaplan.
