Nevada woman jailed after miscarriage under 1911 law receives $1.6M settlement
Patience Rousseau, convicted of manslaughter under a 1911 Nevada law after a 2018 stillbirth, has received a $1.6 million settlement after her conviction was vacated in 2021. Outlets differ on tone and on details such as who paid and when.
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The story, neutrally told
Mixed · 2Patience Rousseau, 34, has received a $1.6 million settlement over a manslaughter conviction that followed a 2018 miscarriage in Winnemucca, Nevada. The IndependentLC “has won a $1.6 million settlement from a Nevada county more than eight years later” Read at The Independent ↗ New York PostR “Patience Rousseau, 34, was the only person ever convicted under an obscure 1911 state law” Read at New York Post ↗ Mixed · 2Rousseau was convicted under a 1911 Nevada statute that allows manslaughter charges against a woman who uses a drug or other means to end a pregnancy after 24 weeks; Rousseau's lawyer said it was "on the books before women were even allowed to vote in Nevada". The IndependentLC “Under the 1911 statute, if a woman uses “any drug, medicine or substance, or any instrument or other means” to have an abortion after 24 weeks” Read at The Independent ↗ New York PostR ““on the books before women were even allowed to vote in Nevada.”” Read at New York Post ↗ Mixed · 2Both outlets, citing the Nevada Independent, report that Rousseau, then 26 and mother of two young sons, learned of the pregnancy in 2018. Rousseau was unable to reach an abortion clinic in Reno, searched online for ways to end the pregnancy, and lifted heavy objects and took cinnamon, which has no proven effect. The IndependentLC “Rousseau looked online for advice on how to end an unwanted pregnancy naturally and resorted to lifting heavy objects and taking large quantities of cinnamon.” Read at The Independent ↗ New York PostR “Unable to travel 165 miles to Reno for an abortion” Read at New York Post ↗
Mixed · 2Rousseau delivered a stillborn boy named Abel, buried the remains in the backyard, and later wrote on Facebook, "I'm so sorry Abel... I'm sorry I'm a horrible person." The IndependentLC ““I'm so sorry Abel,” Rousseau allegedly posted on Facebook.” Read at The Independent ↗ New York PostR “buried his remains in her yard” Read at New York Post ↗ Mixed · 2According to the Independent, police searched the home on 26 May 2018 after a neighbour's tip, dug up the remains, and arrested and charged Rousseau three days later. Investigators, finding the cinnamon theory unlikely to hold up, turned to methamphetamine and marijuana found in a toxicology report. The IndependentLC “Police searched Rousseau’s home on May 26 after being tipped off by a neighbor.”“traces of marijuana and methamphetamine were found in Abel’s remains” Read at The Independent ↗ New York PostR “instead seized on her use of methamphetamine, cannabis and tobacco” Read at New York Post ↗ Left · 1Medical experts reportedly testified that nothing showed meth or marijuana caused the miscarriage. Rousseau admitted regular drug use but denied using drugs to end the pregnancy. The Independent says Rousseau's public defender urged a guilty plea to manslaughter, and Rousseau went to jail in 2019. The IndependentLC “there was no evidence that meth or marijuana caused Rousseau’s miscarriage”“Rousseau’s public defender encouraged her to plead guilty to manslaughter, and she went to jail in 2019.” Read at The Independent ↗
Mixed · 2Reproductive rights attorney Laura FitzSimmons took the case, arguing that causation could not be proven and that Rousseau could not have known whether the 24-week threshold had passed. The conviction was vacated in 2021 for ineffective assistance of counsel, and Rousseau was released on 8 July 2021 after about two years in custody. Judge Charles McGee called the case a "total miscarriage of justice". The IndependentLC “Rousseau’s conviction was thrown out in 2021 based on ineffective assistance of counsel.”“Judge Charles McGee described Rousseau’s case as a “total miscarriage of justice”” Read at The Independent ↗ New York PostR “her lawyers successfully argued that the longtime drug user did not know exactly when she became pregnant” Read at New York Post ↗ Mixed · 2The Independent says Rousseau's attorneys wrote to Humboldt County in March alleging violations of state law and constitutional rights, and that the settlement was finalised in August. It also reports that a former deputy who allegedly kept the remains was ordered to return them under the settlement. The Post says Nevada first agreed to pay $100,000 before the lawyers won $1.6 million, of which Rousseau received $1.2 million last week, the rest going to legal fees. The IndependentLC “The $1.6 million settlement was finalized in August and Rousseau recently received the money.”“The deputy was ordered to return the remains as part of the settlement” Read at The Independent ↗ New York PostR “She was given $1.2 million last week — with the rest going to legal fees” Read at New York Post ↗ Mixed · 2Rousseau now lives in South Dakota, says Rousseau is sober, and plans to use the money on a house, a business and a car for Rousseau's mother. Rousseau said "They fought so much to avoid paying me" and that Rousseau's children still face the effects. The Independent says the Humboldt County district attorney's office was contacted for comment; neither article carries an official response. New York PostR ““They fought so much to avoid paying me,” she complained.” Read at New York Post ↗ The IndependentLC “The Independent has contacted the Humboldt County district attorney’s office for comment.”“Rousseau has since moved to South Dakota in search of a fresh start.” Read at The Independent ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left1 outlet
- Framing
- The Independent presents a wrongful conviction and prosecutorial overreach, with the sympathetic angle of a poor mother caught in a flawed process.
- Emphasis
- Alleged personal animosity of a deputy, the retained remains, the judge's criticism, and doubts about the county's ability to tell a miscarriage from an abortion.
- Leaves out or plays down
- Does not mention the earlier $100,000 offer or the split between Rousseau and legal fees.
- Charged language
- “wrongly convicted”“baby killer”“arcane 1911 statute”
- For example
-
“A woman who was wrongly convicted and imprisoned for manslaughter after she miscarried” — The Independent
“Her ordeal has raised serious ethical questions over the county’s handling of the case” — The Independent
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right1 outlet
- Framing
- The New York Post leads with the payout and a human-interest story of a once-homeless mother whose miscarriage was blamed on heavy drug use.
- Emphasis
- Rousseau's drug use, the home remedies, the money breakdown ($1.2M after fees), Rousseau's spending plans and quotes.
- Leaves out or plays down
- Leaves out the deputy and the remains, the judge's "total miscarriage of justice" remark, the guilty plea on counsel's advice, and the county's role.
- Charged language
- “life-changing”“once-homeless”“heavy drug use”
- For example
-
“A once-homeless Nevada mom who spent two years in prison when her miscarriage was blamed on her heavy drug use” — New York Post
“the longtime drug user did not know exactly when she became pregnant” — New York Post
What every side reports
- Patience Rousseau received a $1.6 million settlement.
- Rousseau was convicted of manslaughter under a 1911 Nevada law after a 2018 stillbirth and served about two years.
- The conviction was vacated in 2021.
- Rousseau tried unproven home remedies such as cinnamon and now lives in South Dakota.
Where accounts differ
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Who paid and the payment details
- Left
- Humboldt County paid; settlement finalised in August.
- Right
- Nevada paid, after an initial $100,000 offer; $1.2M received last week after legal fees.
-
Whether the case reflects misconduct or Rousseau's own conduct
- Left
- Alleges deputy animosity and a wrongful conviction.
- Right
- Emphasises heavy drug use and admitted attempts to end the pregnancy.
Patience Rousseau person
Says Rousseau is sober, that the ordeal harmed Rousseau's children, and that officials fought paying; plans to spend the money on housing, a business and a car for Rousseau's mother.
““They fought so much to avoid paying me,” she complained.” — New York Post
““I went through so much and so did my children, who are still facing these issues,”” — The Independent
UK and Ireland1 outlet
The Independent stresses misconduct and a miscarriage of justice.
“Judge Charles McGee described Rousseau’s case as a “total miscarriage of justice”” — The Independent
The Independent
North America1 outlet
The New York Post stresses the payout and Rousseau's drug use, and notes the post-Roe abortion-ban context.
“About half of the states in the US have enacted total abortion bans or severe gestational limits” — New York Post
New York Post
Left1 article
-
Nevada woman sent to prison and labeled ‘baby killer’ after a miscarriage wins $1.6M award
Sympathetic Frames the case as a wrongful conviction under an outdated law, with detail on alleged official misconduct.
Centre0 articles
No coverage yet.
Right1 article
-
Nevada mom imprisoned for miscarriage blamed on drug use gets $1.6M payout
Mixed Human-interest payout story that stresses Rousseau's drug use and spending plans while reporting the lawyers' causation arguments.
- 7 Oct 19:11 First The IndependentLC Nevada woman sent to prison and labeled ‘baby killer’ after a miscarriage wins $1.6M award
- 9 Oct 18:45 +47h 34m New York PostR Nevada mom imprisoned for miscarriage blamed on drug use gets $1.6M payout
Times are when each article was published, or when we first saw it if the outlet gave no time.