Is infanticide rather than murder the right legal path when postpartum depression turns deadly?
Postpartum illness: When a new mother harms her child, the law must look beyond the act to the illness behind it.
What you need to know:
- Your sister's case warrants infanticide charges rather than murder due to her postpartum mental state.
- Legal precedent supports treating women with postpartum depression through medical intervention rather than severe punishment.
- Her defense should focus on a psychiatric evaluation and her history of abuse and depression to secure treatment instead of imprisonment.
Dear Vivian,
My sister has been arrested and charged with the murder of her newborn child. She had been in a severely abusive relationship, which led to deep depression, and was still under medication when she gave birth. Although she and the baby were discharged in good health, on the second night at home, she deliberately dropped the baby, leading to fatal injuries. She was immediately arrested and now faces a murder charge. Given her history of mental health struggles, including postpartum depression, will the court consider her condition?
Nancy Korir,
Bomet County
Dear Nancy,
Your sister’s case raises important legal and medical concerns that must be properly addressed in court. While she has been charged with murder, it is crucial to determine whether this is the appropriate charge given her mental state at the time of the incident.
The law recognises that certain circumstances, such as severe mental distress, can affect criminal liability. While murder is generally charged when a person unlawfully and intentionally causes the death of another, the law also acknowledges that women who harm their newborns while suffering from the effects of childbirth may be treated differently. There is a specific provision for infanticide, which applies when a mother, because of the effects of childbirth or lactation, experiences a disturbed state of mind and causes the death of her child under the age of 12 months. In such cases, infanticide is treated as manslaughter rather than murder, recognising the role of postpartum mental illness in the tragic event.
Your sister’s medical history, her past experiences of abuse, severe depression, suicidal thoughts, and continued medication suggests she was suffering from postpartum depression or even postpartum psychosis at the time of the incident. This should be a key defence in court.
Previously, when faced with a similar case, the Supreme Court held that the murder charge was excessive and should have been infanticide instead. The court acknowledged that the woman had displayed signs of confusion and distress after childbirth, indicating postpartum depression, and emphasised that the justice system must consider a mother’s mental health when determining criminal liability in such cases. Instead of a harsh prison sentence, the court placed her on probation with mandatory medical and psychosocial support.
The Mental Health Act also underscores the need for medical treatment rather than punitive measures for individuals suffering from mental illness. If your sister’s condition is properly presented in court, she should receive treatment and rehabilitation rather than excessive punishment.
Her legal defence should focus on obtaining a psychiatric evaluation to establish her mental state at the time of the incident. A medical report detailing her history of depression, suicidal thoughts, and the effects of childbirth will be crucial. A lawyer should also argue for the charge to be reduced from murder to infanticide, aligning with the legal precedent set in similar cases.
If found guilty, the court should consider rehabilitation, probation, and medical care instead of a harsh prison sentence. Therefore, with proper legal representation, your sister can seek justice that acknowledges her mental illness and prioritises treatment over severe punishment.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer (wakililegaleye@gmail.com).