Becker’s attorneys argued there was no evidence that substance use caused the stillbirth and California law did not allow for this type of prosecution in the first place. Still, she spent 16 months in jail awaiting trial before a judge dismissed the charges.
Becker’s nightmare offers a preview of the kinds of criminal cases that could become commonplace in the US if the supreme court, as expected after the leak of a draft opinion last month, officially overturns Roe v Wade. In the states that outlaw abortion, advocates warn, pregnancy losses more broadly will be treated as potential crimes, including in cases of wanted pregnancies. Even with Roe in effect, women have repeatedly faced arrest and charges for their pregnancy outcomes.
“These prosecutions will escalate at an extremely rapid clip if Roe is reversed,” said Emma Roth, staff attorney with the National Advocates for Pregnant Women (NAPW), a non-profit group that supported Becker in her legal battle. “A lot of people don’t realize that pregnant people are already facing criminalization all across the country, including in blue states like California. All it takes is a rogue district attorney.”


You must be logged in to post a comment.