A recent report released on Tuesday has shed light on the alarming trend of criminalizing pregnant individuals, with nearly 1,400 arrests made between 2006 and the fall of the Roe v. Wade decision in 2022. This data, which comes from the legal advocacy group Pregnancy Justice, indicates a significant increase in the criminalization of pregnancy-related matters.
While it’s important to note that relatively few cases involve abortion, the report highlights instances where individuals faced legal consequences over issues such as pregnancy loss or accusations of child abuse during pregnancy. The end of Roe v. Wade is expected to perpetuate this trend, leaving pregnant individuals vulnerable to criminal charges, including child abuse or endangerment if their fetus is perceived to be at risk.
Pregnancy Justice’s report builds on a 2013 study, revealing that from 1973 to 2005, 413 cases of pregnant individuals being criminalized were documented. The new report extends the study to cover cases from 2006 to 2022, revealing around 1,400 additional cases.
These cases often disproportionately affect marginalized populations, with nearly 85% of them involving individuals classified as “indigent,” indicating a lack of access to adequate legal representation. Geographically, the majority of the cases (almost 80%) occurred in states such as Alabama, South Carolina, Tennessee, Oklahoma, and Mississippi.
Many of these states have passed laws expanding the legal definition of “child” to include fetuses, a concept rooted in the “fetal personhood movement.” This movement seeks to redefine fetuses as people with legal rights and protections, potentially rewriting significant portions of US law.
The report also highlights the role of substance use allegations in these cases, with nine out of ten involving allegations of drug use during pregnancy. Alarmingly, one-quarter of these cases involved legal substances such as prescription opioids, alcohol, and nicotine. Research has shown that such substance exposure does not uniquely harm fetuses or cause pregnancy complications.
Medical organizations widely oppose the use of criminalization to address pregnancy and substance use issues, as it discourages pregnant individuals from seeking help for addiction out of fear of incarceration. This report underscores the urgent need for policy changes to prevent the unjust criminalization of pregnant individuals and promote comprehensive healthcare without punitive measures.
