Over 200 Women Charged for Pregnancy-Related Crimes in Year Post-Dobbs, Shocking Report Reveals

Following the U.S. Supreme Court’s decision to eliminate the constitutional right to abortion in June 2022, over 200 pregnant women have been charged with crimes linked to their pregnancies, according to a recent report by the nonprofit organization Pregnancy Justice. This documented surge reflects a worrying trend in pregnancy criminalization in the year from June 24, 2022, to June 23, 2023.

The report reveals that 210 cases were identified across 12 states, highlighting a disturbing increase in legal actions against pregnant individuals. Predominantly, the charges stemmed from allegations of substance use during pregnancy; in approximately two-thirds of the incidents, substance use was the sole charge cited against the women. Alabama, Mississippi, Ohio, Oklahoma, South Carolina, and Texas contributed significantly to these cases, showcasing a regional concentration of such prosecutions.

“What we found was even more of an acceleration in pregnancy criminalization compared to before the Supreme Court’s ruling,” noted Lourdes Rivera, president of Pregnancy Justice. She attributes this rise to heightened scrutiny faced by women in states implementing stricter abortion laws, also commenting on the influence of fetal personhood in this criminalization process.

Most prosecutions did not stem directly from abortion laws. Instead, law enforcement frequently invoked child neglect or endangerment laws, interpreting “child” to include a fetus, a phenomenon rooted in the legal concept of fetal personhood. “If we focus only on abortion laws, we miss a crucial part of the picture in the fact that pregnant individuals are being criminalized for allegedly endangering their own pregnancies,” Rivera explained. The consequences of such charges are severe, with higher penalties attached than those for low-level drug offenses.

Analyzing the political landscape, conservative lawmakers in several states, including Alaska, Illinois, Missouri, South Carolina, and West Virginia, attempted to introduce fetal personhood bills during the last legislative session. However, none proceeded beyond committee levels. In Nebraska, voters will face two contrasting amendments; one seeks to codify the right to abortion until roughly 24 weeks, while the other proposes a 12-week limit on abortion and grants protections to unborn children during later stages of pregnancy.

Proponents of criminal charges argue that the threat of prosecution encourages women to seek treatment for substance abuse. Jody Willoughby, district attorney in Alabama’s Etowah County, has stated that failing to prosecute would mean enabling addiction and potentially endangering children. Critics of this stance contend that such actions deter individuals from seeking necessary medical care, particularly among low-income women, who made up the majority of the report’s defendants.

Alabama tops the list in prosecuting pregnant women, accounting for nearly half of the documented cases. The state’s constitutional amendment from 2018 grants personhood to fetuses, enabling a stricter application of laws related to chemical endangerment. Brittany VandeBerg, leading the research in Alabama, noted a troubling rise in chemical endangerment cases since the Dobbs decision, suggesting a broader pattern of enforcement across more counties.

Despite the alarming rise in prosecutions, some cases underscore the complexities involved. In July, an Oklahoma woman was acquitted of child neglect after her newborn tested positive for marijuana, even though she had a legal medical marijuana license for treating pregnancy-related sickness. This case highlights the contentious interpretation of laws regarding drug use during pregnancy, where the implications of fetal personhood weave a complicated legal narrative.

The report’s findings contribute to an ongoing discussion regarding the intersection of pregnancy, legal rights, and healthcare, revealing profound implications for women’s health and autonomy. With increased scrutiny and charges levied against pregnant individuals, advocates are alarmed about the chilling effects on healthcare access and personal freedom.