{"id":56205,"date":"2023-06-25T13:01:49","date_gmt":"2023-06-25T11:01:49","guid":{"rendered":"https:\/\/iboneolza.org\/?p=56205"},"modified":"2023-06-25T13:01:49","modified_gmt":"2023-06-25T11:01:49","slug":"unperceived-pregnancy-recogniced-in-trial-mother-acquitted-of-all-offences","status":"publish","type":"post","link":"https:\/\/iboneolza.org\/en\/2023\/06\/25\/unperceived-pregnancy-recogniced-in-trial-mother-acquitted-of-all-offences\/","title":{"rendered":"Unperceived pregnancy recogniced in trial, mother acquitted of all offences."},"content":{"rendered":"

On June 7th I was called to declare again as an expert in the new trial against a Costarrican mother, who gave birth in the context of an unperceived pregnancy, after the previous sentence that condamned her to 6 years of imprionement was annuled<\/a>. This time the mother was ACQUITTED of all offences and responsibility . What follows is the extract from the definite sentence. We are very happy that the jury aplogice to this mother, expressing how the system failed her twice, first the medical system and second the legal system.<\/p>\n

\u201cthe mental disorder suffered by the defendant is typical of pregnancy pathology and falls within the specialty of perinatal mental health<\/strong>, an area of knowledge within psychiatric medical discipline and not that of forensic discipline. It was clarified by the psychiatrist Olza Fernandez and shared in all its extremes by this Chamber. The Public Prosecutor’s Office was consistent with the analysis of the evidence provided for the prosecution and in the closing arguments requested an acquittal in favor of the defendant ACB, pointing out the medical negligence suffered by the defendant in the Hospital of San Rafael in Alajuela, where both she and her baby were denied the right to dignified assistance, highlighting that she was an uninsured user, whose condition was not an obstacle for the medical attention she urgently required. The Court also agrees with the Prosecutor’s Office, seeing as the defendant undoubtedly suffered obstetric violence in the hospital where she was treated on May 5th 2016, where she was not listened to<\/strong>. They acted according to protocol and as though all women were the same. Obviously, if she had not been ignored, neither her baby, family nor herself would have suffered physically and mentally the consequences of the facts.<\/strong> The accused, ACB, was revictimized: singled out by the media, subjected to a long and tedious criminal process of two trials without any kind of support or accompaniment by state or non-governmental organizations that call themselves defenders of gender and obstetric violence against women. In this case, they have failed to protect the fundamental right to health of people, the accused and her minor son, in vulnerable conditions. In conclusion, voluntary human action is the presupposition when applying criminal law.<\/strong> Therefore, this excludes all actions that are not voluntary as was proven in this specific case, where the accused acted in a state of traumatic shock, in a dissociative state in which the accused found herself functioning after labor in automatic survival mode; in conditions which prevented her from analyzing appropriately the sensory information she was receiving, without being able to explain or remember -to this date- what happened, according to the evidence that was produced in the prosecution and immediacy of the statement made by the accused. This Chamber perceives in the accused an emotional affectation as a result of this fact. She was observed permanently crying and sad during the different hearings of this debate. A fact that was acknowledged by the mother of the accused, who manifested that her daughter\u00b4s life changed after the facts. She is responsible with her son, who is currently seven years old, but the memory of what happened has her still immersed in a great sadness. The court considered proven with certainty the innocence of the accused in the act attributed to her by the prosecution and, in accordance with provisions 39 and 41 of the Political Constitution; 8.2 of the American Convention on Human Rights; 1, 24, 30, 45 and 112 of the Penal Code; 1, 6, 7, 9, 142, 265, 360, 361, 363, 364, 365 and 366 of the Penal Procedural Code, ACB IS ACQUITTED of all offences and responsibility for the crime of ATTEMPTED MANSLAUGHTER to the detriment of A.C.H.B. Cessation of any precautionary measure imposed against the defendant is ordered. Procedural costs will be assumed by the Prosecutor\u00b4s Office.<\/p>\n

MAY NOTICE BE GIVEN HEREBY<\/p>\n

TRIAL JUDGES<\/p><\/blockquote>\n

\"\"
On June 7th 2023, at Costa Rica Ambassy in Madrid.<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

On June 7th I was called to declare again as an expert in the new trial against a Costarrican mother, who gave birth in the context of an unperceived pregnancy, after the previous sentence that condamned her to 6 years of imprionement was annuled. This time the mother was ACQUITTED of all offences and responsibility …<\/p>\n

Unperceived pregnancy recogniced in trial, mother acquitted of all offences.<\/span> Read More »<\/a><\/p>\n","protected":false},"author":1,"featured_media":56198,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"default","ast-global-header-display":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":""},"categories":[245,258,260],"tags":[286,285,291],"yoast_head":"\nUnperceived pregnancy recogniced in trial, mother acquitted of all offences. - Ibone Olza<\/title>\n<meta name=\"description\" content=\"On June 8th, the Court of Justice of San Jos\u00e9 (Costa Rica) acquitted 35 year-old A.C.B. of all offences and responsibility for the crime of attempted manslaughter homicide of her son, who has just turned seven years of age. 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In the previous sentence, issued on the 3rd February 2021, it was agreed, unanimously, that Yoana was guilty of attempted manslaughter of\u2026","rel":"","context":"In "Psychiatry"","block_context":{"text":"Psychiatry","link":"https:\/\/iboneolza.org\/en\/category\/psychiatry\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7357,"url":"https:\/\/iboneolza.org\/en\/2018\/04\/17\/si-quieres-ser-padre-o-madre-por-gestacion-subrogada-necesitas-esta-informacion\/","url_meta":{"origin":56205,"position":1},"title":"Surrogacy from the Perspective of the Infant\u2019s Mental Health","author":"I.O.","date":"17 April 2018","format":false,"excerpt":"Translated by Jesusa Ricoy If you are considering becoming a mother or a father via surrogacy, there is some important information you should know regarding the baby\u2019s health, which agencies that promote surrogacy tend to omit. Please allow me to briefly outline some of the most important points based on\u2026","rel":"","context":"In "Maternity"","block_context":{"text":"Maternity","link":"https:\/\/iboneolza.org\/en\/category\/maternity\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2018\/04\/handmaid-tale.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2018\/04\/handmaid-tale.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2018\/04\/handmaid-tale.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2018\/04\/handmaid-tale.jpg?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":56585,"url":"https:\/\/iboneolza.org\/2025\/10\/02\/mi-discurso-en-el-parlamento-europeo-con-make-mothers-matter\/","url_meta":{"origin":56205,"position":2},"title":"Mi discurso en el Parlamento Europeo con Make Mothers Matter","author":"I.O.","date":"2 October 2025","format":false,"excerpt":"El pasado lunes 22 de septiembre particip\u00e9 en un evento en la sede del Parlamento Europeo en Bruselas organizado por la ONG Make Mothers Matter para presentar su informe sobre el estado de la maternidad en Europa. Estas fueron mis palabras.","rel":"","context":"In "Maternity"","block_context":{"text":"Maternity","link":"https:\/\/iboneolza.org\/en\/category\/maternity\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/10\/mmm-sept-22-pe.jpg?fit=1200%2C900&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/10\/mmm-sept-22-pe.jpg?fit=1200%2C900&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/10\/mmm-sept-22-pe.jpg?fit=1200%2C900&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/10\/mmm-sept-22-pe.jpg?fit=1200%2C900&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/10\/mmm-sept-22-pe.jpg?fit=1200%2C900&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":56534,"url":"https:\/\/iboneolza.org\/en\/2025\/05\/02\/the-harm-of-surrogacy\/","url_meta":{"origin":56205,"position":3},"title":"The Harm of Surrogacy","author":"I.O.","date":"2 May 2025","format":false,"excerpt":"We human beings are born expecting to meet our mother. The baby in the womb has a very clear idea of who its mother is, no matter how much the disassociation is promoted from outside with the argument that \u2018it is not genetically theirs\u2019. Surrogacy is an orphanhood (equivalent to\u2026","rel":"","context":"In "Ecofeminism"","block_context":{"text":"Ecofeminism","link":"https:\/\/iboneolza.org\/en\/category\/ecofeminism\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/05\/tribuna-opinion.jpg?fit=910%2C852&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/05\/tribuna-opinion.jpg?fit=910%2C852&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/05\/tribuna-opinion.jpg?fit=910%2C852&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2025\/05\/tribuna-opinion.jpg?fit=910%2C852&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":6802,"url":"https:\/\/iboneolza.org\/en\/2020\/03\/26\/letter-to-a-pregnant-mother-during-the-pandemic\/","url_meta":{"origin":56205,"position":4},"title":"Letter to a pregnant mother during the pandemic","author":"I.O.","date":"26 March 2020","format":false,"excerpt":"Dear pregnant mother, Several close Friends have asked me to write this letter to you. Perhaps you are surprised that I call you \u201cmother\u201d if you are expecting your first child, but the truth is, I believe we are mothers from the moment we accept carrying a baby inside of\u2026","rel":"","context":"In "Maternity"","block_context":{"text":"Maternity","link":"https:\/\/iboneolza.org\/en\/category\/maternity\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2023\/01\/IMG-20200326-WA0007-e1675187446428.jpg?fit=835%2C1024&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2023\/01\/IMG-20200326-WA0007-e1675187446428.jpg?fit=835%2C1024&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2023\/01\/IMG-20200326-WA0007-e1675187446428.jpg?fit=835%2C1024&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2023\/01\/IMG-20200326-WA0007-e1675187446428.jpg?fit=835%2C1024&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":55436,"url":"https:\/\/iboneolza.org\/en\/2022\/12\/26\/we-are-all-born-in-love\/","url_meta":{"origin":56205,"position":5},"title":"We are all born in love","author":"I.O.","date":"26 December 2022","format":false,"excerpt":"\"There is not such a thing as a bad baby, it does not exist. All babies are born in love with their mothers. They love us. Some time ago I wrote: we are born to love and to be loved. Now I rewrite it: we are born loving, deeply in\u2026","rel":"","context":"In "Birth"","block_context":{"text":"Birth","link":"https:\/\/iboneolza.org\/en\/category\/birth\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2022\/12\/nacer-enamorado.jpg?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2022\/12\/nacer-enamorado.jpg?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2022\/12\/nacer-enamorado.jpg?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2022\/12\/nacer-enamorado.jpg?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/iboneolza.org\/wp-content\/uploads\/2022\/12\/nacer-enamorado.jpg?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]}],"_links":{"self":[{"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/posts\/56205"}],"collection":[{"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/comments?post=56205"}],"version-history":[{"count":1,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/posts\/56205\/revisions"}],"predecessor-version":[{"id":56206,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/posts\/56205\/revisions\/56206"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/media\/56198"}],"wp:attachment":[{"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/media?parent=56205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/categories?post=56205"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/iboneolza.org\/en\/wp-json\/wp\/v2\/tags?post=56205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}