Patience Rousseau, a mother who experienced a stillbirth, was charged with felony manslaughter in Nevada under a statute that criminalizes women for taking substances with the intent to terminate a pregnancy. Her case exemplifies a broader trend of women facing criminalization for pregnancy outcomes, even in states where abortion is legal. This pattern has intensified since the overturning of Roe v. Wade, with prosecutors utilizing outdated laws to charge women for events like miscarriages and stillbirths. Rousseau’s conviction was later vacated due to ineffective counsel, and she received a settlement, though the trauma of her experience and the handling of her child’s remains remain deeply impactful.
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A judge has granted a new trial for Brooke Shoemaker, who was previously convicted of chemical endangerment resulting in the death of her unborn child and sentenced to 18 years in prison. The ruling, based on new evidence presented by Shoemaker’s attorneys, suggests that an infection, rather than drug use, was the cause of the stillbirth. The original conviction, stemming from a 2017 stillbirth and Shoemaker’s admission of methamphetamine use during pregnancy, is now being challenged with expert testimony indicating a genetic abnormality and severe infection contributed to the pregnancy loss. While prosecutors are appealing the decision, Shoemaker remains incarcerated and maintains her innocence, stating that an infection caused the loss of her pregnancy.
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John Q. Hosedrinker