Richard Shepherd

“In fact, they wanted to charge her not with infanticide but with murder. And so we found ourselves in the middle of a really difficult area of both the law and pathology. No wonder the office had been so pleased to hand me this case. Infanticide is manslaughter, and so carries a far lighter sentence than murder. It was introduced in 1922 for the prosecution of mothers who killed newborns under thirty-five days old. Back then, killing a baby was not considered such a terrible offence as killing an adult. It was believed that no baby could suffer like an adult victim and no baby would be missed like an adult member of the family. And it was well understood that one possible motive was shame at illegitimacy. We might discount this thinking today, but one important aspect of the 1922 Act has endured. The law recognized that there could be a ‘disturbance of a mother’s mind which can result from giving birth’, something which today we call postnatal depression – or its even more serious sister, puerperal psychosis. This view was retained by a new Infanticide Act in 1938. From then until now, a mother who kills a baby under twelve months old”
― Richard Shepherd, Unnatural Causes