Becker had had a stillbirth at a California hospital, losing a baby boy at eight months pregnant. The King’s county prosecutor in the central valley charged her with “murder of a human fetus”, alleging she had acted with “malice” because she had been struggling with drug addiction and the hospital reported meth in her system.
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.
Pregnant women have been criminalized for falling down stairs; giving birth at home; exposing a fetus to dangerous “fumes”; having HIV; not resting enough during the pregnancy; not getting to a hospital fast enough while in labor; being the victim of a shooting; and self-inducing an abortion.
Substance use is one of the most common allegations, with mothers facing charges even when there’s no evidence of harm to the fetus and in some instances, even after they have given birth to a healthy baby.