Anti-abortion prosecutors warp child neglect, abuse and endangerment laws and statutes to criminalize women's behavior during and after pregnancy
Protesters march near the Supreme Court in support of gun control and abortion rights protection on May 28, 2022.
The substance to which a fetus is “exposed” in utero also need not be illegal for charges to be filed. Julia had a medical marijuana card and used it in that capacity . Indeed, 90 percent of the cases in the report involved allegations or evidence of substance use, and a “striking one-quarter of cases involved alleged use ofJulia was one of several arrested on child neglect, endangerment and/or abuse charges for using marijuana during pregnancy in Oklahoma.
Pregnant women in regular contact with the state—via the family welfare system, certain medical professionals, other mandatory reporters, or law enforcement directly because of past infractions or membership in a surveilled community—are at greater risk of criminalization. It is unsurprising, then, that 84 percent of cases in the report involved a pregnant woman or person who could not afford a lawyer.
Celeste Burgess, who was sentenced to 90 days in prison after taking abortion pills. … None of the laws under which she was charged were passed to target those who get abortions., states will be increasingly comfortable flirting with fetal personhood, enacting legislation that punishes those who risk the health of a fetus and/or expanding prosecutions of those who do under existing laws.
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