{"id":907,"date":"2015-04-17T12:24:32","date_gmt":"2015-04-17T17:24:32","guid":{"rendered":"http:\/\/sites.law.duq.edu\/juris\/?p=907"},"modified":"2017-11-20T20:46:57","modified_gmt":"2017-11-21T01:46:57","slug":"mother-convicted-of-feticide","status":"publish","type":"post","link":"https:\/\/sites.law.duq.edu\/juris\/2015\/04\/17\/mother-convicted-of-feticide\/","title":{"rendered":"Mother Convicted of Feticide"},"content":{"rendered":"
\"Photo<\/a>
Photo courtesy of: www.redstate.com<\/figcaption><\/figure>\n

By: Alison Palmeri, Staff Writer<\/p>\n

Recently, Purvi Patel was convicted for feticide and neglect of a dependent.[1]<\/a> On March 30, 2015, Patel was sentenced to 20 years in prison. Patel was convicted under the Indiana statute that \u201cbans \u2018knowingly or intentionally terminat[ing] a human pregnancy\u2019 with any intention other than producing a live birth, removing a dead fetus or performing a legal abortion.\u201d[2]<\/a><\/p>\n

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 \u201cshe\u2019d had a miscarriage and had\u00a0left her stillborn fetus in a dumpster behind a shopping center.\u201d[3]<\/sup><\/sup><\/a> The fetus was pronounced dead on arrival.<\/p>\n

According to National Advocates for Pregnant Women (NAPW), \u201cthe verdict makes Patel\u00a0the first woman in the U.S. to be charged, convicted and sentenced for \u2018feticide\u2019 for\u00a0ending\u00a0her own pregnancy.\u201d[4]<\/a><\/p>\n

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]<\/a> There are at least 38 states that have fetal homicide laws.[6]<\/a> Of those 38 states, 23 of the states\u2019 laws apply to any, including the earliest, stage of pregnancy.[7]<\/a>\u00a0 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).\u201d[8]<\/a><\/p>\n

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]<\/a> 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\u2019s body.[10]<\/a><\/p>\n

Patel\u2019s conviction has led some to assert that women will be less likely to seek out doctors\u2019 assistance[11]<\/a> for fear they will also be prosecuted if their pregnancy ends in anything but a live birth.<\/p>\n

[1]<\/a> Kaplan.<\/p>\n

[2]<\/a> Kaplan.<\/p>\n

[3]<\/a> Kaplan.<\/p>\n

[4]<\/a> Kaplan.<\/p>\n

[5]<\/a> \u201cFetal Homicide Laws.\u201d National Conference of State Legislatures<\/em>. March 2015. http:\/\/www.ncsl.org\/research\/health\/fetal-homicide-state-laws.aspx.<\/p>\n

[6]<\/a> \u201cFetal Homicide Laws.\u201d 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\u00a0and Wisconsin.<\/p>\n

[7]<\/a> \u201cFetal Homicide Laws.\u201d<\/p>\n

[8]<\/a> \u201cFetal Homicide Laws.\u201d<\/p>\n

[9]<\/a> Kaplan.<\/p>\n

[10]<\/a> Kaplan.<\/p>\n

[11]<\/a> Kaplan.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 \u201cbans \u2018knowingly or intentionally terminat[ing] a human pregnancy\u2019 with any intention other than [\u2026] <\/p>\n

<\/div>\n

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