A Canadian woman, who in 2005 strangled her newborn child and threw his body over a fence, was not sentenced to jail time by a Canadian Court because there are no laws in the country protecting children in the womb and newborns, according to LifeSiteNews.
Katrina Effert was found guilty of second-degree murder by two juries, although both times the judgment was thrown out by the appeals court. Last May, the Court of Appeal of Alberta overturned her 2009 murder conviction and replaced it with the lesser charge of infanticide, according to LifeSite.
Canadian Criminal Code says a woman who has not “fully recovered” from the effects of birth can be found guilty of the lesser charge of infanticide if the infant is murdered by the mother while her “mind is disturbed.”
Effert delivered her child secretly in her parents’ home at the age of 19, and strangled the infant to hide the birth. Defense attorneys argued that the young woman was mentally disturbed because she was overwhelmed by the hidden pregnancy, the Alberta Court of Appeals agreed.
Last Friday, Effert got a three-year suspended sentence from Justice Joanne Veit of the Edmonton Court of Queen’s Bench. She was able to walk out of court, although she will have to abide by certain conditions. According to the article, Veit believed Canadians feel compassion for Effert.
“Naturally, Canadians are grieved by an infant’s death, especially at the hands of the infant’s mother, but Canadians also grieve for the mother,” she said.
The judge attributed the country’s lack of abortion legislation as a reason that mothers like Effert take matters into their own hands.