Patience Rousseau, a 34-year-old Nevada woman, has secured a $1.6 million settlement following a protracted legal battle that saw her spend more than two years incarcerated for manslaughter related to her own miscarriage. The financial agreement, finalized in August with funds delivered last week, marks a significant resolution in a case that drew scrutiny to the application of an obscure state law. Rousseau's conviction was ultimately overturned, and all charges were permanently dismissed in 2025, preventing any future prosecution.
"That meant everything to me." Patience Rousseau, Settlement Recipient
The ordeal for Rousseau began in 2018 while she resided in Winnemucca, Nevada. At the time, she was experiencing homelessness, grappling with depression, and struggling with substance abuse. Upon discovering her pregnancy, Rousseau expressed a desire to terminate it. Due to a broken-down car, she was unable to travel the approximately 165 miles to Reno for a legal abortion. She subsequently searched online for methods to induce a miscarriage, reportedly consuming large amounts of cinnamon and lifting heavy objects, neither of which are medically recognized methods for pregnancy termination.
Two months later, Rousseau delivered a stillborn boy, whom she named Abel. She buried his remains in her backyard and later posted an emotional message online apologizing to him. Within weeks of the stillbirth, Rousseau was arrested and charged with felony manslaughter. Prosecutors invoked a little-used 1911 Nevada statute that criminalizes taking drugs with the intent to terminate a pregnancy after 24 weeks. Rousseau became the only woman known to have been prosecuted under this specific law.
Initial investigations focused on her consumption of cinnamon before shifting to her use of methamphetamine, marijuana, and cigarettes during pregnancy. Prosecutors contended that her drug use demonstrated an intent to end the pregnancy and made her responsible for the baby's death. Following advice from her public defender, Rousseau pleaded guilty and began her prison sentence in 2019, remaining incarcerated for over two years.
Her conviction was subsequently challenged by a new attorney, Laura FitzSimmons. FitzSimmons argued that prosecutors had failed to establish a causal link between Rousseau’s drug use and the miscarriage, noting that the county medical examiner could not determine the baby’s cause of death. The defense also highlighted that Rousseau’s substance abuse predated her pregnancy, suggesting it was not necessarily evidence of an intentional attempt to terminate it. Another critical point of contention was the precise timing of the pregnancy. Rousseau did not know the exact date she became pregnant, raising questions about whether she could have known if she had passed the 24-week threshold stipulated by the 1911 law.
In 2021, Rousseau’s conviction was overturned by a court that found she had received ineffective legal representation. Despite this, the case did not immediately conclude, as Humboldt County officials considered a re-prosecution. This possibility lingered until 2025 when the charges were dismissed with prejudice, definitively ending the legal threat.
The multi-year legal battle also brought to light a disturbing controversy concerning Abel’s remains. A 2024 investigation revealed that the baby’s ashes had come into the possession of former deputy sheriff Jacqueline Mitcham, one of the officers involved in Rousseau’s initial arrest. Mitcham allegedly took the ashes with her when she relocated to Texas. Rousseau stated she learned of this through media reports, and her attorneys claimed Mitcham held personal resentment toward Rousseau, partly due to anti-abortion views. As part of the recent settlement, Abel’s ashes were finally returned to Rousseau. "That meant everything to me," Rousseau said regarding the return of her son's ashes.
Civil rights attorney Paola Armeni, who represented Rousseau in the settlement claim, stated that the case inflicted severe emotional damage on her client. Rousseau’s lawyers accused Humboldt County of violating her constitutional rights, breaking state law, and intentionally causing emotional distress. Of the $1.6 million settlement, approximately $1.2 million will go directly to Rousseau, with the remainder covering legal expenses and reimbursing Nevada for an earlier $100,000 settlement. The agreement explicitly states it does not constitute an admission of wrongdoing by Humboldt County.
Now living in South Dakota with three of her sons, Rousseau reports that she is sober. However, she continues to struggle with depression, loneliness, and the stigma associated with her former conviction. She mentioned that one of her children is receiving treatment for anger problems, which she believes stem from the separation caused by her imprisonment. Rousseau plans to use the settlement funds to pay off her home, purchase a car for her mother, and establish a business selling rare aquatic plants and animals. She has expressed a strong desire never to return to 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." She added, "They fought so much to avoid paying me. I went through so much and so did my children, who are still facing these issues. It’s not fair."
