Nevada has agreed to pay $100,000 to Patience Rousseau, a woman who was charged and convicted under a 1911 law criminalizing actions taken to conclude a pregnancy after 24 weeks. The settlement, approved last Tuesday by the Board of Examiners, concludes an eight-year legal battle that garnered national attention.
A Unique Law and a Wrongful Conviction
Rousseau is the only person ever charged under the law, according to her attorney, Laura FitzSimmons. The 1911 statute makes Nevada unique in explicitly criminalizing abortion, even in cases where a woman attempts to end a pregnancy herself. As lawyer and advocate Farah Diaz-Tello stated, “Even in the states with the most draconian abortion bans, there is language explicitly saying that a person who has an abortion has not committed a crime. Not Nevada.”
In 2018, Rousseau, then known as Patience Frazier, delivered a stillborn baby in Winnemucca and buried the remains in her backyard. She was subsequently arrested and charged with felony manslaughter, stemming from the 1911 law. Prosecutors argued she ingested methamphetamines and marijuana to induce a miscarriage. While Rousseau had consumed those substances during her pregnancy, prosecutors could not prove they caused the miscarriage, or that actions like consuming cinnamon and lifting heavy objects—which she attempted after learning she was pregnant—had any effect.
Rousseau pleaded guilty at the encouragement of her public defender and was sentenced to prison in 2019. However, her conviction was vacated in 2021 due to ineffective assistance of counsel, and the case was officially dismissed in 2025.
Legislative Efforts and Ongoing Debate
Last year, Senate Bill 139 was introduced to overturn the 1911 statute, but it did not receive a hearing in the Democrat-controlled Legislature. According to reporting by The New Republic, Democratic leadership and some pro-choice groups prioritized a ballot measure—Question 6—to enshrine abortion rights up to 24 weeks in the state Constitution. Voters approved Question 6 by nearly a two-thirds majority in November 2024, but it must be approved again this November to become part of the state Constitution.
Despite the settlement, Rousseau continues to struggle with trauma and community stigma, stating she has “lost a lot of hope” and worries about the long-term impact of the case on her life. She now lives in South Dakota and is a single mother to three sons.
Frequently Asked Questions
What is Nevada’s 1911 law?
It’s a law stating that a woman who ingests drugs with the intent to terminate a pregnancy past 24 weeks has committed manslaughter.
What happened to SB139?
The bill, which would have overturned the 1911 statute, died without receiving a hearing in the Democrat-controlled Legislature.
What is the status of Question 6?
Voters approved the measure by nearly a two-thirds majority in November 2024, but it must be approved again this November before it is amended to the state Constitution.
As Nevada continues to navigate the legal complexities surrounding reproductive rights, the case of Patience Rousseau raises questions about the state’s commitment to protecting women’s health and autonomy. What further steps might be taken to ensure that women facing difficult pregnancies receive support and care, rather than criminalization?
