Imagine grappling with the emotional turmoil of losing a pregnancy while simultaneously navigating a police inquiry and facing criminal allegations. This nightmarish scenario raises the question of why a woman enduring profound physical and emotional distress would be subjected to such harsh treatment by the authorities.
Regrettably, this distressing reality is more prevalent than commonly acknowledged. According to findings from the nonprofit organization Pregnancy Justice, there were 1,379 documented cases of individuals being arrested for pregnancy-related reasons between January 1, 2006, and June 23, 2022, just before the Supreme Court’s Dobbs ruling that overturned Roe v. Wade. This marked a significant surge compared to the 413 cases reported in the preceding 33 years from 1973 to 2005.
The escalation in such cases is alarming, with over three times as many incidents occurring in half the timeframe. One poignant example is the case of Brittany Watts, a 33-year-old woman from Warren, Ohio, who faced felony charges of abusing a corpse following a miscarriage that resulted in a stillborn 22-week-old fetus. The prosecutors’ lack of understanding regarding the common occurrences and complexities of miscarriages is evident in their handling of such cases.
Miscarriages often involve intense cramping, severe pain, and substantial bleeding, including the passage of tissue and clots. Many women, particularly those discharged from hospitals without adequate treatment, endure this traumatic experience alone, often in their own bathrooms.
In Watts’ case, after being sent home from the hospital post-miscarriage, the expectation that she should handle the remains of her stillborn child under such distressing circumstances is both unrealistic and devoid of compassion. This harsh treatment reflects a concerning trend where individuals are increasingly subjected to legal scrutiny and punitive measures due to the outcomes of their pregnancies.
The looming threat of pregnancy criminalization poses a grave concern as anti-abortion advocates and legislators advocate for granting legal rights to fetuses, potentially overshadowing the rights of the pregnant individuals carrying them. Farah Diaz-Tello, a legal expert at If/When/How, emphasizes the growing national issue of pregnancy-related criminalization, highlighting the unjust punishment faced by individuals due to the circumstances surrounding their pregnancies.
The risk of facing criminal charges related to pregnancy is exacerbated for marginalized groups, including people of color, young individuals, and women living in poverty. Watts, a Black woman, falls within this demographic that is disproportionately targeted for surveillance and criminalization.
These distressing cases underscore a fundamental question about the treatment of women in society: Do women retain their full humanity when faced with such punitive measures? The push to establish legal personhood for fetuses often results in diminishing the personhood of the pregnant individuals, leading to potential incarceration for actions perceived as detrimental to the fetus, even if it is non-viable.
The trend of criminalizing pregnancy is on the rise alongside the proliferation of abortion restrictions, creating a climate of fear and uncertainty around bodily autonomy. Dana Sussman, from Pregnancy Justice, stresses the absence of clear guidelines on how individuals should navigate the aftermath of pregnancy loss, including the sensitive issue of fetal remains disposal.
Moreover, the criminalization of pregnancy reflects a profound misunderstanding of medical science and reproductive health. It perpetuates the false notion that individual choices can entirely dictate pregnancy outcomes, disregarding the complex nature of reproductive health and the unpredictability of pregnancy.
Ultimately, these cases highlight the inhumane consequences of using the legal system to instill fear and control over individuals’ bodies. It underscores the urgent need for compassion, understanding, and a rights-based approach to address the complexities of pregnancy loss and reproductive health.