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Mashudu Netsianda Senior Court Reporter
A GENERALLY shared public view on women who kill or dump their babies is that the offenders should be given harsh deterrent sentences that match the gravity of their crime.

In many instances, the courts are seen by the general public as being very “lenient” when it comes to sentencing such offenders.

When such criminals get away with a wholly suspended prison term or community service, the courts are often judged to be failing the young, innocent victims.

Lawyers say there are varying factors that the courts consider when imposing sentences on such offenders.

“If a woman kills her own baby who is less than six-months-old, she is charged with infanticide unlike in the case where another woman kills someone’s child of the same age. The latter is charged with murder which attracts either a long prison term or life imprisonment,” prominent Bulawayo lawyer Matshobana Ncube explained.

“The rationale behind this is that there are so many factors that come into play. Scientifically, it has been proven that when a woman commits infanticide she wouldn’t be in her right senses and mentally, they would be unstable.”

Some of the factors contributing to infanticide include an inability to fend for the child, poverty as well as family dynamics, for instance where the father of the child refuses to accept paternity.

“That has a bearing on their actions. The law, therefore, recognises such factors. This is why you find most of these offenders getting a lighter sentence,” Ncube added.

Another city lawyer, Caroline Mabena said: “The general trend is that the courts look at the person’s background, the circumstances that led to the commission of the crime and factors such as poverty. The general principle of sentencing is that the punishment should fit the criminal and the crime committed.”

She said the courts also look at extenuating circumstances such as the economic hardships faced by the offender.

“The courts have the discretion to impose a sentence. At times the sentence is prescribed by legislation and guidelines laid down by higher courts,” she explained.

Felicity Ndou, who has represented young mothers in infanticide cases, concurs.

“The courts also look at the moral blameworthiness of the offender, the mitigating and aggravating circumstances,” she said.

“Age is also considered because you’ll find that such offenders would be so emotionally drained such that they would not have been in their right senses at the time of committing the crime.”

According to the US Society for the Prevention of Infanticide, there is ample historical evidence to document the incredible propensity of parents to murder their children under an assortment of stressful situations.

Infanticide has been practiced on every continent and by people on every level of cultural complexity, from hunters and gatherers to high civilisation.

Risk factors can include young maternal age, low level of education and unemployment, signs of psychopathology such as alcoholism, drug abuse or other criminal behaviour.