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Mothers Who Murder: Understanding Postpartum Psychosis & Criminal Defence
- Ekata Deb
- Feb 18
- 6 min read
Content Warning: This article contains mention of self-harm. Please proceed thoughtfully
Introduction
The tragic phenomenon of mothers killing their children, known as filicide, is often linked to severe psychiatric disorders, notably Postpartum Psychosis (PPP). While infanticide laws recognize the impact of mental illness, criminal justice systems worldwide struggle with balancing punishment and psychiatric care. This article explores how the USA, UK, and India address PPP in criminal defense, with reference to key legal provisions and landmark cases.
Understanding Postpartum Psychosis
Postpartum Psychosis is a rare but severe mental illness affecting 1 to 2 per 1,000 postpartum women. Symptoms include hallucinations, delusions, paranoia, severe mood swings, and suicidal or homicidal ideation. Unlike Postpartum Depression (PPD), PPP often requires immediate psychiatric intervention. Legal systems vary in their response to mothers who commit infanticide under PPP, reflecting diverse views on criminal responsibility and mental illness.
In the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), Postpartum Depression (PPD) is not recognized as a distinct diagnosis. Instead, it falls under the specifier "with peripartum onset," applicable to major depressive disorder or bipolar disorder. This specifier indicates that the depressive episode begins during pregnancy or within four weeks after delivery. PPD is characterized by persistent sadness, lack of interest, low self-esteem, sleep disturbances, appetite loss, anxiety, irritability, self-blame, and feelings of humiliation. These symptoms are more severe and enduring than the transient "baby blues" and can significantly impair daily functioning if left untreated.
Postpartum Psychosis, on the other hand, is a rare but severe psychiatric disorder that manifests shortly after childbirth. It is not specifically listed as a separate entity in the DSM-5 or the International Classification of Diseases, Tenth Edition (ICD-10). Instead, it is classified under broader psychotic disorders. This lack of distinct classification poses challenges in diagnosis and legal contexts. Postpartum psychosis is characterized by symptoms such as confusion, paranoia, hallucinations, and disorganized thinking. Immediate medical intervention, often including hospitalization and administration of antipsychotic medications or mood stabilizers, is crucial to ensure the safety of both the mother and the child.
Globally, both postpartum depression and postpartum psychosis are acknowledged as severe mental health conditions due to their profound impact on mothers, infants, and families. The recognition of these disorders emphasizes the necessity for prompt diagnosis, comprehensive treatment, and robust support systems to mitigate adverse outcomes and promote recovery.
Abigail Menoret, 34, was admitted to Prospect Park Hospital in Reading under the Mental Health Act but was granted an hour of unaccompanied leave in September 2023. She used this time to take a pre-booked taxi home—while her husband and children were away in France—and took her own life.
An inquest into her death revealed multiple failures in communication between the NHS trust and her family. Her husband, François-Marie Menoret, expressed deep disappointment, stating that he had entrusted medical professionals with her safety but was ultimately let down. Abigail had a history of postnatal depression after both pregnancies and had made several suicide attempts under different treatment teams, with frequent medication changes.
Despite her ongoing suicidal risk and persistent delusions, she was granted extended unescorted leave. Her husband had raised concerns about the lack of continuity in her care and the potential danger of allowing her more freedom while he was abroad. Additionally, hospital staff failed to notify her family and the police within 30 minutes of her missing her scheduled return, violating trust policies.
A clinical negligence solicitor noted that an internal investigation highlighted several procedural failures, including inadequate documentation of leave decisions, gaps in patient sign-in/out records, and a lack of risk assessment regarding her family’s absence. The Berkshire Healthcare NHS Foundation Trust expressed condolences but has yet to outline concrete steps to prevent similar tragedies.
Postpartum psychosis, a severe mental illness affecting about one in 1,000 new mothers, can rapidly escalate without treatment, leading to hallucinations, delusions, and heightened suicide risk. Prompt intervention is crucial for recovery.
Abigail was remembered as a remarkable woman, devoted mother, and beloved wife.
Despite advancements in postpartum care, postpartum psychosis remains one of the least discussed and most misunderstood conditions. Misrepresentation in media and a lack of public education contribute to the stigma surrounding this severe postpartum psychiatric disorder. Affecting approximately 1 in 1,000 new mothers, postpartum psychosis causes a sudden and severe break from reality, leading to symptoms such as confusion, paranoia, hallucinations, and delusions.
The exact cause is unknown, but risk factors include a history of mental illness (especially bipolar disorder or major depressive disorder), sleep disturbances, first-time childbirth, and a family history of the condition. However, postpartum psychosis can occur even in individuals with no prior psychiatric history. Symptoms often begin with insomnia and can escalate to auditory hallucinations, delusional thinking, disorganized thoughts, and erratic behavior. Early intervention is crucial, as untreated cases can lead to self-harm or harm to the baby.
Due to its rarity and severity, postpartum psychosis requires immediate medical attention. Raising awareness and improving public understanding can help reduce stigma and ensure timely treatment for those affected.
Goa Murder: Suchana Seth Killing Her Son – A Case of Misunderstood Postpartum Psychosis or Battered Woman Syndrome? - Read it here
A disturbing case in North Carolina involves Avantae Deven, 63, who has been charged with the murder of her daughter, London Deven, and the presumed death of her son, Blake Deven, both of whom had been missing for years. Deven allegedly forced one of her other children to assist in dismembering Blake’s body and threatened them with the death penalty if they didn’t take the blame.
Blake was first reported missing in late 2023, although he had actually been absent since 2017. Police discovered that he had been severely abused, starved, and neglected by his mother, eventually leading to his death. Deven reportedly disposed of his remains by burning and dismembering them, with help from one of her children.
London’s death was uncovered during the investigation into Blake’s disappearance. Her remains were found in a burn barrel on April 10. Deven had told a family member that London was in a mental institution, but authorities later confirmed that she had died in 2019.
Surviving children revealed details of severe abuse, including malnutrition, physical violence, and being kept in dark, confined spaces. They were allegedly forced to write lengthy apologies for any misbehavior in exchange for food.
Deven has been charged with two counts of first-degree murder, child abuse, destruction of human remains, and kidnapping. She is being held without bail in the Cumberland County jail.
Legal Frameworks in the USA, UK, and India
1. United States
Relevant Legal Provisions:
Insanity Defense: The McNaughton Rule (used in many states) and the Model Penal Code Test allow a defense if the accused could not understand the wrongfulness of their act.
Diminished Responsibility: Some states allow lesser sentencing if severe mental illness is proven.
Infanticide Laws: Unlike the UK and India, the US lacks specific infanticide statutes. Instead, murder (homicide) laws apply, with variations in sentencing based on psychiatric evaluations.
Key Case: Andrea Yates (Texas, 2001)
Yates, suffering from severe PPP, drowned her five children. Initially sentenced to life, her conviction was overturned, and she was later committed to a mental health facility after an insanity plea was accepted.
2. United Kingdom
Relevant Legal Provisions:
Infanticide Act 1938: Reduces a mother’s liability for killing a child under 12 months if suffering from a psychiatric disorder due to childbirth.
Diminished Responsibility (Homicide Act 1957, as amended by the Coroners and Justice Act 2009): Allows reduced charges from murder to manslaughter if mental impairment is proven.
Insanity Defense (McNaughton Rules): Can lead to hospital orders instead of prison sentences.
Key Case: Hall L - Case : The mother, diagnosed with PPP, drowned her baby daughter. The court accepted an infanticide plea, reducing the murder charge to manslaughter and imposing psychiatric treatment.
3. India
Relevant Legal Provisions:
Section 84 of IPC (Insanity Defense): Excuses criminal liability if the accused was incapable of knowing the nature of their act.
Infanticide under Section 315 & 316 IPC: Differentiates between intentional killing and acts leading to the death of an infant.
Section 99 of Mental Healthcare Act, 2017: Protects mentally ill offenders by ensuring medical treatment instead of incarceration.
Key Case: Many cases revolve around the accused mothers killing their infants, new borns. Yet the legal treatment is not properly defined till now in India.
Comparative Analysis
Key Observations:
UK’s approach is the most progressive, explicitly recognizing the postpartum condition through the Infanticide Act.
India provides insanity defense but lacks a clear infanticide law, leading to inconsistent sentencing.
The US criminalizes the act under general murder laws, making PPP defenses challenging without an explicit statute.
Legal Dichotomy: Punishment vs. Treatment
A major legal debate is whether PPP-related filicide should be classified as murder or medical crisis.
Punishment Argument: Critics argue that a crime is still a crime, and the mother should face consequences.
Treatment-Oriented Approach: Advocates argue that psychiatric treatment, not imprisonment, is the appropriate response.
Legal reform discussions emphasize adopting UK-style infanticide laws globally to balance justice and mental health.
Conclusion
Postpartum Psychosis is a severe but treatable condition, requiring legal recognition and psychiatric intervention. While the UK leads in compassionate legal responses, the US and India must refine their legal frameworks to provide clearer defenses for affected mothers. A uniform international approach could ensure that postpartum-related crimes are addressed with fairness, emphasizing rehabilitation over punishment.
Legal References
Infanticide Act 1938 (UK)
Homicide Act 1957 (UK)
Model Penal Code (USA)
Indian Penal Code, Sections 84, 315, 316 (India)
Mental Healthcare Act 2017 (India)
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