Yeumbeul Sud : une élève et sa mère condamnées pour avoir enterré ...
MD Sène, a 23-year-old student and single mother, was tried with her mother, Kh. Ndour, for clandestine abortion and violation of burial rules, following the expulsion of a fetus on the night of October 29-30.
According to her statement, the student was unaware of her 23-week pregnancy, a version of events questioned by the court, given that she had already had a child. The young woman suffered a miscarriage after lifting a heavy basin, expelling what she described as a "blood-stained water bag." Panicked, her mother rushed over and, without clearly identifying it as a fetus, hastily buried it behind the family home in Yeumbeul Sud. The following day, a neighbor discovered the poorly buried body and alerted the police.
According to L'Observateur, which attended the hearing at the Pikine-Guédiawaye Magistrates' Court, the investigation revealed a crucial detail: the fetus was stillborn and never breathed. This fact saved the young woman from the potential charge of infanticide.
The defense attorney seized upon this opening: “My client did not intend to terminate her pregnancy. She made a wrong move, she slipped after strenuous work. This abortion was in no way intentional,” he argued. The prosecutor then addressed the student directly: “What saved you is that the child did not breathe. Otherwise, you would be facing murder charges today.”
The two women were acquitted of the charge of illegal abortion, as the court could not prove a deliberate intention to terminate the pregnancy. However, they were found guilty of violating burial regulations and each sentenced to six months' suspended imprisonment and a fine of 100,000 CFA francs. The court demonstrated "lenience" in applying the law, considering the fear and panic of the two women, according to the newspaper of the Future Media Group.
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