The Treatment of Neonaticide in the Justice System: Is There an Ambivalence to These Crimes?

One category of crimes against children receives more media attention than all others: the death of a newborn at the hands of the mother, which is now called neonaticide. An in-depth study of 34 cases of neonaticide and the press coverage about them sheds light on the current status of this unique crime for which French law has no specific provision. The work of the criminal justice system on violent deaths is depicted using police records, forensic autopsies, psychiatric assessments of the mothers, and procedural decisions. The qualitative and quantitative data were used to compare various types of judicial procedures, the profiles of the perpetrators, and the outcomes of the cases and the sentences. As in other countries with no specific criminal statutes for this offense, the decisions vary widely from dismissal or acquittal up to 15 years in prison. This paper analyzes the elements that have influenced these cases, such as autopsy results, psychiatric assessments, and the mother’s confession or her capacity to express guilt.