Last August, an Indiana woman sought medical attention after a premature delivery resulted in the death of the fetus. The emergency-room doctor called the police.
In April, that woman was sentenced to 20 years in prison.
Indiana woman jailed for "feticide." It's never happened before.From The Guardian, at the time of Patel's arrest.
...Informed that officials were heading to her home, Patel told her doctors that she'd had a miscarriage and had left her stillborn fetus in a dumpster behind a shopping center. Still in his hospital scrubs, McGuire followed police cars to the scene and examined the fetus, which he pronounced dead on arrival. Patel was charged with child neglect, and later with killing her fetus, and on Monday she was sentenced to 20 consecutive years in prison.
The verdict makes Patel the first woman in the U.S. to be charged, convicted and sentenced for "feticide" for ending her own pregnancy, according to the group National Advocates for Pregnant Women (“NAPW”). Though Patel said she had had a miscarriage, she was found guilty of taking illegal abortion drugs. The Indiana statute under which Patel was convicted 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.
Monday's sentencing brought an end to Patel's trial, but it may be only the beginning of the public debate about the details of her case. Patel's conviction has many pro-choice activists alarmed that feticide laws, initially passed as a means of protecting pregnant women from providers of dangerous illegal abortions and other sources of harm, are now being used against them.
"Prosecutors in Indiana are using this very sad situation to establish that intentional abortions as well as unintentional pregnancy losses should be punished as crimes," Lynn Paltrow, executive director for NAPW, told the Guardian in August of 2014. "...No woman should be arrested for the outcome of her pregnancy."
A 33-year-old woman from Indiana has been charged with the feticide and fetal murder of her unborn child after she endured a premature delivery and sought hospital treatment.I would offer only one correction: these laws were never intended to "protect the unborn child". The laws are being used exactly for their intended purpose: to police and punish women. Especially - or exclusively - low-income women. Because let's be clear: the US's "war on women" is also a class war. Women who can afford private treatment will never be subjected to these humiliations. On the other hand, with the middle class shrinking and poverty burgeoning throughout the US, increasing numbers of women must fear these nightmare scenarios.
Purvi Patel faces between six and 20 years in prison for feticide and up to 50 years imprisonment for neglect of a dependent when she goes to trial, currently scheduled for 29 September. She is the second woman in Indiana to be charged with feticide following the prolonged criminal prosecution of Bei Bei Shuai, who lost her baby when she tried to kill herself.
Women's rights advocates see the decision by prosecutors of St Joseph County, Indiana, to apply feticide laws against Patel as part of the creeping criminalization of pregnancy in America. At least 38 of the 50 states have introduced fetal homicide laws intended to protect the unborn child and in a growing number of states – including Alabama, Mississippi and South Carolina – those laws have been turned against mothers.
What would policies intended to "protect the unborn child" look like? Laws that gave us: Fresh, healthy food that every person could afford. Free quality pre-natal care. Free quality medical care for every person. Free childcare for the children already born. Jobs that pay a true living wage. Clean water.
Policies intended to protect children - in any stage of their lives - don't criminalize pregnancy.
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Canadians take note: a fetal personhood law was floated as a private member's bill in the Harper government. The MP who sponsored the bill admitted that its purpose was to "recognize the humanity of the unborn child". The recent sentencing in Indiana is the direct outcome of that kind of language enshrined into law.
The bill was defeated after public outcry.