This article's lead section contains information that is not included elsewhere in the article. (September 2022) |
Purvi Patel (born c. 1982) is an Indian American whose conviction and sentence to 20 years in prison in Indiana for feticide and child neglect was overturned by the Indiana Court of Appeals. The court pointed out that the lower court's ruling had been an "abrupt departure" from the intent of the feticide law as shown by prior usage, which consisted of cases in which a pregnant woman and her unborn child were the victims of violence. The court also said that it was not possible to claim that lawmakers had intended the feticide law to be used to prosecute women trying to abort because the state abortion laws had already since the 1800s explicitly protected pregnant women from prosecution. "The state's about-face in this proceeding is unsettling, as well as untenable" under prior court precedent, Judge Terry Crone wrote in the ruling.[1] The court said that Patel endangered the child by not seeking medical care but that prosecutors failed to prove that her failure to do so resulted in the child's death.[2]
Patel's case had caused international controversy because the overturned conviction had opened the door for any woman who expresses doubt about her pregnancy to be charged if she miscarries or has a stillbirth.[3][4] If her conviction had not been overturned, she would have been the first woman in the United States to be charged, convicted, and sentenced on a feticide charge.[5] Her case has also been compared to the prosecution of Bei Bei Shuai under similar circumstances.[5]