Criminalizing Pregnancy

The transcription discusses the issue of pregnancy criminalization, where individuals are facing criminal charges related to their pregnancy. The report highlights that over 210 prosecutions occurred in a single year, potentially just the tip of the iceberg. The underlying reason behind these prosecutions is the concept of fetal personhood, where the rights of the fetus are prioritized. This leads to healthcare providers being caught in the middle and creates a situation where individuals may be hesitant to share important information with their doctors. The report also mentions specific cases where breastfeeding and pregnancy losses were used as evidence of wrongdoing. Racial and socioeconomic disparities are evident in these prosecutions, with women of color and low-income women being disproportionately affected. The report calls for a shift in perspective towards a culture of support and understanding, prioritizing preventative care, stronger support systems, and addressing systemic ever feel like sometimes you read the news and you're like, is this real life? Yeah. That's kind of how I felt reading this report. Pregnancy as a crime, a preliminary report on the first year after dog. We're diving into some seriously heavy stuff today, folks. Pregnancy prosecutions. Yeah. It's a reality for a lot of people now. We're talking about people facing criminal charges because of something that happened during their pregnancy. And to really get into it, we've got to thank the authors of this report, Wendy A. Bach and Madeline K. Wasilchuk for doing this research. Absolutely. It's an important piece of work. So before we get lost in the weeds here, let's define some terms. When we say pregnancy criminalization, what are we actually talking about? Well, the report lays it out pretty clearly. It's not as straightforward as like just abortion laws. It's bigger than that. They define it as anytime the government uses a criminal law to punish someone for something related to pregnancy. So it could be like having a miscarriage and being accused of doing something to cause it? Yeah. Or even seeking out certain kinds of health care. Okay. So it's a pretty broad definition. It is. And that's important to keep in mind because the numbers they found in this report are, well, pretty alarming. Yeah. Over 210 prosecutions in a single year since dogs. That blew my mind. Over 200. And the researchers are pretty upfront about the fact that this is probably just a small piece of the puzzle. You mean there are probably even more cases that just haven't been documented? Exactly. Getting this kind of data is incredibly difficult. So what they found is likely an undercount. Wow. So this is like the tip of the iceberg situation. Pretty much. And what makes it even more concerning is the underlying reason behind a lot of these prosecutions, this idea of fetal personhood. Okay. Can you break that down for us? It's kind of a legal gray area, right? The basic idea is that the fetus is seen as a separate person, almost like a victim, with rights that sometimes outweigh the rights of the pregnant person. So like if something happens during a pregnancy, even if it's unintentional, it could be treated as a crime against the fetus. Exactly. And that's where things get really messy because suddenly healthcare decisions, personal choices, they all become potential legal minefields. Two things in the report really jumped out at me. One is the impact on healthcare providers. Oh, absolutely. Imagine being a doctor or a nurse caught in the middle of this. Right. You went to school to help people and now you could be in a position where doing your job means reporting your patients. It creates this impossible situation. You can make it hard for people to be totally honest with their doctors because they're afraid of the legal consequences. Yeah. If I thought something I said could be used against me in court, I'd probably be hesitant to share too, even if it was important. And the second thing that stuck with me was this idea of unrealized risk. Oh yeah, that's a big one. So basically they don't even need to prove that the fetus was actually harmed in some cases. Just the potential for harm is enough. That seems to be the case. Yeah. Yeah. And that opens up a whole other can of worms, right? Because what constitutes potential harm can be pretty subjective and open to interpretation. So someone could potentially be punished for making a choice based on their own personal circumstances, even if it doesn't actually hurt anyone. That's what this report is suggesting. Yeah. Yeah. And to really get a handle on how this actually plays out in real life, we've got to look at some specific cases. And trust me, some of these cases are truly wild. For example, there was one where they actually tried to use the fact that a woman was breastfeeding her baby against her as evidence of a crime. Wait, what? How does that even? I know, right? It seems crazy. But the report specifically mentions three separate cases where breastfeeding was used as evidence of wrongdoing. That's unbelievable. Like, it's literally one of the most natural and beneficial things you can do for a baby. Right. And it's not just breastfeeding. The report also found several cases where women who had pregnancy losses or serious health problems were hit with prosecutions instead of getting help and support. It's tragic, really. Instead of offering compassion and care during what are already incredibly difficult situations, the system throws more obstacles in their way. It's heartbreaking. And sadly, it's not random. This isn't happening in a vacuum, right? The report doesn't shy away from pointing out the elephant in the room, racial and socioeconomic disparities. Yeah. The who and the how much, as always. Exactly. These prosecutions disproportionately impact women of color and low-income women. Like we're seeing a pattern from history repeat itself, using the legal system as a tool to control certain communities, especially when it comes to reproduction. Absolutely. The report even explicitly ties these prosecutions back to things like forced sterilization and the over-policing of black mothers. This is that, just a new form. And then factor in the lack of access to quality health care, which also disproportionately affects these same communities. It's like a vicious cycle. Totally. Limited access leads to situations that then get criminalized, which further marginalizes these communities. It's tough to stomach, to be honest. Yeah. And it makes you wonder about the bigger picture, right? Because this isn't just some abstract legal debate. This has real long-term consequences for individuals, families, even society as a whole. Right. The ripple effect is huge. We're talking about more people going to prison, families being torn apart, and this growing sense of fear and distrust around health care decisions. And that fear, it prevents people from getting the help they need. Who wants to be open and honest with their doctor if they're worried that something they say could be used against them in a court of law? Nobody. And the saddest part is, it's often the people who need help the most who are most afraid to seek it out. So we've talked a lot about the problems, the potential consequences of all this. But what are the solutions? Where do we even begin to untangle this mess? It's the million-dollar question. Yeah. And thankfully, this report does offer some glimmers of hope. It calls for a fundamental shift in perspective, moving away from this culture of fear and punishment and towards a culture of support and understanding. So less gotcha and more how can we help? Exactly. It's about rethinking how we allocate resources, prioritizing things like preventative care, building stronger support systems within communities, and crucially, addressing those systemic inequalities that made certain groups more vulnerable in the first place. It's a huge undertaking, but it has to start somewhere, right? It does. This report is a wake-up call. It's a challenge to lawmakers, to health care providers, to advocates, to all of us, really. How can we create a society that genuinely prioritizes care over punishment? That's the question we should all be asking ourselves. It's a heavy question, but also an incredibly important one. And honestly, it's a question that demands action, not just talk. We can't just sit here and wring our hands about this. We have to do something. This whole conversation has been really intense, but so essential. These aren't just abstract legal issues. These are real people's lives we're talking about. It really makes you think, what if we treated things like substance use during pregnancy as the public health issue it is, you know, offering support and resources instead of automatically defaulting to punishment? Right, like a hand up instead of handcuffs. It's a totally different approach. And what I appreciate about this report is it doesn't just lay out all the problems. It actually points us in a better direction. So less doom and gloom, more like, here's what we can do about it. Exactly. It's a call to action. It's about shifting our mindset from, how do we punish people for making these choices, to how do we create a society where those choices aren't so fraught with risk in the first place? So painting a picture of what that better future actually looks like. Exactly. Imagine families having access to comprehensive health care, and I'm talking mental health resources, addiction treatment, everything. Imagine a world where those resources are available to everyone without judgment, without fear of punishment. Okay. So more support, fewer barriers, and real tangible resources, but how do we actually make that happen? I mean, it feels like we're talking about a complete overhaul of, well, a lot of things. It is a big lift, no doubt. But it starts with changing the conversation. This report is a starting point. It's about getting lawmakers, health care providers, advocates, and everyday people on the same page, but the need for a more humane and effective approach. So it's about shifting our values, really, putting care and support at the center instead of punishment. Exactly. It's about asking ourselves, what would it take to create a world where everyone feels safe and supported throughout pregnancy and beyond? Wow. Okay. That's a powerful question, and I think it's one that we all need to sit with for a bit. This has been a heavy but incredibly important conversation. Thank you so much for joining us for this deep dive. It's clear that these aren't just abstract legal issues. These are real lives being impacted every single day, and until everyone can navigate pregnancy and parenthood with dignity and without fear, we still have work to do. Thanks for listening, everybody.