A recent study discovered that there has been a rise in authorities charging women with crimes related to their pregnancies following the fall of Roe v. Wade in 2022. Surprisingly, these charges are not linked to violating abortion bans.
In the aftermath of the U.S. Supreme Court’s decision to overturn the nationwide right to abortion in Dobbs v. Jackson Women’s Health Organization ruling, at least 210 women were charged with pregnancy-related crimes. This startling revelation was highlighted in a report by Pregnancy Justice, an advocacy organization, marking the highest number of cases in a 12-month period since 1973.
The study, led by Wendy Bach from the University of Tennessee College of Law, shed light on a case where a woman was charged with homicide after delivering a stillborn baby at home, triggering a series of controversial events. This case was one of 22 instances involving the death of a fetus or infant examined in the study.
According to Lourdes Rivera, president of Pregnancy Justice, the current atmosphere portrays pregnancy losses as potentially criminal, raising concerns among women and healthcare providers alike.
The study, covering the period from June 24, 2022, to June 23, 2023, identified 210 cases but warned of potential undercounting. Most charges involved child abuse, neglect, or substance use during pregnancy without proof of fetal harm.
Despite the rarity of charges related to abortion bans, there have been instances where women faced legal repercussions for using abortion pills, leading to tragic implications.
The findings revealed major discrepancies among states, with Alabama and Oklahoma accounting for the majority of cases. Rivera emphasized the impact of state court decisions that accord fetuses the rights of people, contributing to the surge in pregnancy-related charges.
As the debate on fetal rights intensifies, it is crucial to uphold the healthcare needs of women without subjecting them to punitive measures. Rivera asserted the necessity of restructuring legal frameworks to address these complex issues effectively.
