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UNITED STATES: POLITICS: POLITICAL PARTIES: REPUBLICAN PARTY, TEA PARTY :
INDUSTRIES: PETROLEUM INDUSTRY :
POLITICS :
WAR ON WOMEN :
FETICIDE:
An Indiana Woman is Facing 20 Years in Prison for "Feticide"
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An Indiana Woman is Facing 20 Years in Prison for "Feticide"
Updated by Christophe Haubursin
April 3, 2015, 11:20 a.m. ET
Vox
http://www.vox.com/2015/4/3/8336863/
an-indiana-woman-is-facing-20-years-in-prison-for-feticide
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A shorter URL for the above link:
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http://tinyurl.com/qgtklm8
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Indiana did something unprecedented this week: it sentenced a woman to a
20-year prison sentence for violating a decades-old feticide law.
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Purvi Patel's conviction, announced on Monday, is the first American case
in which a court has found a pregnant woman guilty of violating a fetal
homicide law.
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Patel arrived at the St. Joseph Regional Medical Centers maternity ward in
July 2013 with an exposed umbilical cord, bleeding heavily, according to
court documents. She had taken off work because of severe cramping. She
told doctors that she then had the miscarriage, where she noticed the
stillborn fetus among the blood.
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Saying she "didnt know what else to do," she placed the body in a dumpster
and went to the hospital.
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Patel later told detectives she hadnt wanted her strict Hindu parents to
find out about the pregnancy.
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Indiana pursued charges of feticide against Patel: in court, the state
argued that she had violated a 1979 law that prohibits violence against
fetuses. A jury trial ruled against Patel on Monday, on charges of
feticide and child neglect. Patel is now sentenced to a minimum of 20
years and maximum of 70 in prison.
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snip
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Feticide laws exist in most American states, and many have been on the
books for decades. Prosecutors have generally used them to pursue more
aggressive charges against those who commit violence against pregnant
women.
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The Indiana case, however, suggests a significantly different use for
these laws: to prosecute women who appear to have harmed their own
fetuses. Reproductive-health advocates worry this could ultimately prove
dangerous for women, who could face possible legal issues, particularly
those who miscarry a child.
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"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 of
National Advocates for Pregnant Women, told the Guardian in August 2014.
"No woman should be arrested for the outcome of her pregnancy."
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snip
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Patel is the first pregnant woman to be convicted of her own fetuss
homicide
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Other states have used feticide laws to prosecute those who perpetrated
crimes against pregnant women. Tsao, for example, writes about a case of a
Missouri man who beat his daughter, who was seven months pregnant at the
time. "The fetus was pronounced dead on the day after the beating," Tsao
writes. The man was convicted on a charge of second-degree fetal murder.
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Patel's case is unique because it's the first conviction of a woman in her
own fetus's death although there is still much that's unclear in the
details of the case.
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snip
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If women are scared to come forward about complications with a pregnancy,
the law poses a serious threat to proper medical care, Nash said.
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The Patel case still is not fully settled, and she has indicated she plans
to appeal her conviction. Her defense team has argued that the two charges
she faces feticide and neglect of an dependent are contradictory.
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The complete article may be read at the URL above.
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