Purvi Patel, the first woman in the nation convicted under a feticide law, formally appealed her conviction Monday in the Indiana court of appeals.
The Guardian reports Patel’s attorney argues her baby was born stillborn and not developed enough to survive outside the womb. The prosecution says the baby was far enough along to have required medical attention. They portrayed Patel of being cold blooded and calculating
Women rights groups say her case raises issues about access to abortion and say restrictions on abortions in Indiana had prevented her from terminating her pregnancy with the help of a doctor.
They also say in order for her to be convicted of feticide, the baby must have died in utero. They say feticide laws are aimed at third parties that target pregnant women, not pregnant women themselves.
Patel purchased drugs from an online pharmacy with the intention of terminating her pregnancy. She dumped the body in a dumpster, then sought medical help at a hospital for heavy bleeding. She had been hiding the pregnancy from an affair with a married man from her devout Hindu parents.
A judge sentenced Patel to 30 years for child neglect and six years for feticide.