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Infanticide & Post Partum Psychosis

edit Little Tobacco 2007-07-23 14:53 UTC add comment  ·  ·

Last week in Kitchener a mother killed one of her children and drugged the other. The dead child was a mere three months of age. Instead of the normal cry of monster, the reaction has been one of saddness, that this woman did not get the help she needed when suffering from a clear a mental disorder of the post-partum psychosis kind. At least one talk radio show had a public heath nurse on to talk about recognizing post-partum depression. Note that the depressed rarely if ever hurt their children. It is the psychosis that causes the action and is a complete break from reality:

Post-partum psychosis or PPP, (also called Post-natal Psychosis or PNP and puerperal psychosis (PP) in the UK) is a mental illness, which involves a complete break with reality. Although correctly termed as a postnatal stress disorder or postpartum depressive reaction, Post-partum psychosis is different from Post-partum depression. The majority of PPP occurs within the first two weeks after childbirth with a classic 10-14 day meltdown, likely caused by the radical hormonal changes combined with neurotransmitter overactivity. When correctly diagnosed at the earliest signs and immediately treated with anti-psychotic medication, the illness is recoverable within a few weeks. If undiagnosed, even for just a few days, it can take the woman months to recover. In cases of PPP, the sufferer is often unaware that she is unwell.

Psychosis can also take place in combination with an underlying psychiatric disorder, such as bipolar affective disorder, schizophrenia, or undiagnosed depression. In some women, a part-partum psychosis is the only psychotic episode they will ever experience, but, for others, it is just the first indication of a psychiatric disorder. Only 1 to 2 women per 1,000 births develop post-partum psychosis. It is a rare condition, and often treatable. However, much media coverage of post-partum depression has focused on psychosis, especially following the Andrea Yates case. Whilst postpartum/puerperal psychosis is a serious psychiatric illness, the risks of a mother suffering this illness harming her baby are low: infanticide rates are estimated at 4%, and suicide rates in postpartum/puerperal psychosis are estimated at 5%. )

The mother has been charged with first degree murder and is currently residing in prison while the matter gets investigated and works its way through the court system. The Criminal Code Of Canada recognizes post-partum psychosis and/or other mental disorder related to birth Section 233, the infanticide provision, which reads:

A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

"Newly born child" is defined in section 2 of the Criminal Code as "a person under the age of one year".

Why the First Degree Murder Charge? I suspect it's because of the ongoing investigation to ensure that the elemnets of the offence are met. A Section 233 charge calls for the proof of certain  elements including:

  1. the mother is not fully recovered from the effects of the child birth; and
  2. the mother's mind is disturbed as a result thereof.

Thus, the mental defect must rise from the child birth (or the effect of lactation consquent on the birth) and cannot have another cause, though pre-existng conditions do not take away from the element and may be indicators in a diagnosis.

An investigation and some medical opinion will be necessary before the infanticide charge may be brought. There is a significance to this charge as opposed to a murder charge in that Infanticide, unlike murder or manslaughter, does not have a minimum sentence.

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