Neonaticide

In 1969, Phillip Resnick documented the killing of newborns within 24 hours of their births as a unique form of infanticide, describing the crime as neonaticide. Though relatively uncommon in the contemporary experience, neonaticide typically follows concealed pregnancies that are discovered when the bodies are found, for example, in trash receptacles. Neonaticide is often the result of a new mother's efforts to hide or dispose of a live-born infant to prevent discovery of the pregnancy and birth by her parents. Neonaticides also arise when a victim's mother seeks medical attention for complications from an unassisted delivery, but disavows having given birth. The aftermath of a brief search for her child is discovery of her newborn's untimely death. Neonaticides differ from the killing of older infants and children in terms of motive, method of killing, and offender demographics.

Those who commit neonaticide tend to be young, unmarried women in their teens or early twenties. They are typically terrified of their parents' reactions to nonmarital pregnancy, fearing that their parents will banish them from their home or they will lose their parents' love and/or respect. Some also worry about the shame surrounding illegitimate births, that their futures will be negatively affected by parenting an illegitimate child, or that their paramours will desert them if they divulge their pregnancy. These women postpone disclosure, but seldom know when their babies are due and panic when labor takes them by surprise. During chaotic, unsupervised births, the hysterical mothers may harm or dispatch their newborns. Some women remain in denial about their pregnancy until close to their delivery dates and a few remain in denial even after delivering their newborns and allowing them to die in confusion-filled deliveries, complicating classification of their intentions. A few women plan to deliver then kill their newborns, but these cases are quite rare. Instead, it appears that the vast majority of newborns are killed by young mothers who are overwhelmed by the prospects of pregnancy and parenting, and who panic during delivery.

Historical Efforts to Control Neonaticide

Attempts to address the problem of neonaticide have occurred since at least 318 C.E., when Emperor Constantine outlawed the then common practice of Roman fathers killing unwanted infants under patria potestas. Other attempted solutions included foundling homes where families could deposit unwanted newborns, some of which were outfitted with devices that allowed for anonymous surrenders of unwelcome children. Proclamations of religious edicts and regulations were issued from many a church pulpit, but these did little to eradicate the gruesome discoveries of discarded newborns. When social and religious responses failed to work, laws were enacted to address increases in the incidence of neonaticide.

The most important law was the 1624 Act to Prevent the Destroying and Murdering of Bastard Children, which held that women who concealed their illegitimate pregnancies were to be executed if their children were found dead, even if they claimed their children were stillborn in an unassisted birth. [Page 784]This British law specifically addressed the common defense at the time, that newborns discovered by authorities had simply been born dead. It also served as the basis for other nations' legal reforms, and versions of the law spread throughout Europe and into the fledgling U.S. colonies. The laws did not eliminate the killing of newborns, however, and neonaticides continued to constitute a sizable percent of homicides in Europe and the United States. Over time, public sentiment softened toward neonaticidal women and juries refused to convict based on their desire to avoid draconian penalties for pitiable defendants. The laws were then amended so that proof of intent is required.

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