Nevada Woman Awarded $1.6 Million Settlement After Wrongful Imprisonment for Miscarriage
Patience Rousseau was convicted under a century-old law and served over two years in prison before her conviction was overturned.
Patience Rousseau, a Nevada woman who was imprisoned and labeled a "baby killer" following a miscarriage, has been awarded a $1.6 million settlement. The settlement was finalized in early August, with approximately $1.2 million designated for Rousseau, who now resides in South Dakota with her three sons.
Rousseau, then 26, was living in Winnemucca in 2018 when she discovered she was pregnant. Unsure of her exact stage of pregnancy and unable to travel for an abortion, she attempted to induce a miscarriage naturally by consuming large amounts of cinnamon and lifting heavy objects. In April of that year, she delivered a stillborn child, whom she buried in her backyard.
Shortly after, Rousseau was arrested. Investigators cited her use of cinnamon and the presence of methamphetamine, marijuana, and cigarettes in her system during pregnancy as evidence. Prosecutors argued she used drugs to induce the miscarriage, violating a state law enacted in 1911 that criminalizes ending a pregnancy after the 24th week.
Following the advice of her public defender, Rousseau pleaded guilty to felony manslaughter and entered prison in 2019. She spent more than two years incarcerated. During this time, she reported being ostracized in her community and harassed by locals who called her a "baby killer."
In 2021, her conviction was overturned. Rousseau's new attorney argued that the prosecution could not prove her drug use caused the miscarriage. The medical examiner could not determine the cause of the miscarriage and found no evidence the child had been born alive. The examiner estimated Rousseau was between 28 and 32 weeks pregnant at the time. Other experts later testified that the cause of the miscarriage was indeterminable.
A judge ruled that Rousseau's conviction should be set aside due to ineffective assistance of counsel. According to her attorney, Rousseau was the only individual ever prosecuted under the 1911 law. Although Humboldt County officials initially expressed interest in pursuing charges again, her attorney successfully had the charges dismissed with prejudice in 2025, preventing any future legal action.
In a statement, Rousseau expressed her desire to sever ties with Nevada, stating, "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."