Woman who was sent to prison and labeled ‘baby killer’ after suffering miscarriage gets life-changing payout in Nevada court
A Nevada woman who was sent to prison and branded a ‘baby killer’ after suffering a miscarriage has been awarded a life-changing $1.6 million settlement.
Patience Rousseau, 34, was sentenced to up to eight years behind bars in 2019 after prosecutors accused her of intentionally ending her pregnancy.
She was convicted under a state law established in 1911 that makes it illegal to take drugs or other substances to end a pregnancy after the 24th week.
Her conviction was later dismissed by a judge who described the case as a ‘total miscarriage of justice.’
‘They fought so much to avoid paying me,’ said Rousseau. ‘I went through so much and so did my children, who are still facing these issues. It’s not fair.’
Her attorneys submitted a demand letter to Humboldt County in March, alleging that the county had broken state law, violated Rousseau’s state and federal constitutional rights and intentionally inflicted emotional distress on her, according to the Nevada Independent.
The settlement was finalized in early August, with roughly $1.2 million of the sum reserved for Rousseau, who now lives in South Dakota with her three sons.
Rousseau was 26 years old and living in Winnemucca in 2018 when she found out she was pregnant.
Patience Rousseau, 34, was sentenced to up to eight years behind bars in 2019 after prosecutors accused her of intentionally causing herself to have a miscarriage
She was awarded a $1.6 million settlement Humboldt County in March, alleging that the county had broken state law, violated Rousseau’s state and federal constitutional rights and intentionally inflicted emotional distress
She was unsure at the time how far along she was with the pregnancy and wanted an abortion.
However, she had no means of transportation to reach Reno for an appointment, according to the outlet.
In a desperate attempt to naturally end her pregnancy, she began consuming large amounts of cinnamon and lifting heavy objects, unproven methods she believed could cause a miscarriage.
However, in April 2018, she miscarried then delivered a stillborn baby whom she named Abel and buried in her backyard.
‘I’m so sorry Abel. I’m sorry I’m a horrible person,’ Rousseau wrote on Facebook shortly after.
In May, several officers arrived at her home, initially pointing to her ingestion of cinnamon as evidence that she had tried to cause the miscarriage.
Investigators also cited the fact that Rousseau had used methamphetamine, marijuana and cigarettes while pregnant.
Prosecutors argued she used drugs to induce her miscarriage and broke the state’s more than century-old law.
She was arrested and charged with felony manslaughter.
At the advice of her public defender, Rousseau pleaded guilty and entered prison in 2019, where she spent more than two years.
Prior to her sentencing, she detailed to the Washington Post how she was outcast in her town, noting how she lost friends and was harassed.
Rousseau said the first time she tried going to the grocery store, a group of teenage boys chased her down the aisle yelling, ‘baby killer.’
Rousseau was living in Winnemucca in 2018 when she was arrested. She plead guilty and entered prison in 2019, at the advice of her lawyer
On June 28, 2021, a judge ruled that her conviction should be set aside based on ineffective assistance of counsel (Stock Image)
However, in 2021, her conviction was tossed after Laura FitzSimmons, Rousseau’s new attorney, argued the prosecution could not prove Rousseau’s drug use caused her miscarriage.
The medical examiner could also not determine what caused the miscarriage and found no evidence that the child was born alive.
The examiner estimated that Rousseau was between 28 and 32 weeks pregnant at the time of the miscarriage.
Other experts later testified that it was impossible to determine what caused her to lose the pregnancy.
On June 28, 2021, a judge ruled that her conviction should be set aside based on ineffective assistance of counsel.
According to FitzSimmons, Rousseau is the only person who has ever been prosecuted under the 1911 abortion law, as per the Nevada Independent.
Humboldt County officials expressed interest in prosecuting her again, but in 2025, her attorney successfully had the charges dismissed with prejudice, preventing them from ever being brought again.
Rousseau, who now lives in South Dakota, told the outlet: ‘I don’t ever want to come back to Nevada again, or honestly ever see any of the people in Winnemucca again. They ruined it for me.’
