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FetalAbuse.pptx

Fetal Abuse

Fetus VS. bABY

Legal vs. Social Definitions

Viability (20-24 weeks)

Viability determines the labels we use

Be careful of making assumptions

How DO we Define Fetal Abuse?

It Depends…

Actions/activities that cause harm (usually non-accidental) to a fetus

What actions/activities we most often associate with fetal abuse?

Most common concept of Fetal ABUSE

Substance Abuse

Why do women use during pregnancy?

Prior User

Feelings Toward Pregnancy

Exposure to Violence

Unprepared

Fetal abuse is also more than substance abuse….

Responses TO Substance Abuse during pregnancy

Therapeutic vs. Punitive Approaches

Increase in funding to treatment programs

Prosecution (what we see more of today)

https://projects.propublica.org/graphics/maternity-drug-policies-by-state

What happens when we take a punitive approach?

TWO Case studies

Mallory Loyola, 26

Tennessee

http://abcnews.go.com/US/woman-charged-controversial-law-criminalizes-drug-pregnancy/story?id=24542754

http://www.motherjones.com/politics/2016/03/tennessee-drug-use-pregnancy-fetal-assault-murder-jail-prison-prosecution

Tammy Loertscher, 31

Wisconsin

http://www.theatlantic.com/politics/archive/2015/10/a-win-against-prenatal-protection-laws-in-wisconsin/410131/

http://www.wisconsinrapidstribune.com/story/news/2016/03/05/more-wisconsin-babies-born-addicted-heroin/80608056/

Filling a gap in the legal system

What happens when a woman is abused while she is pregnant?

Born Alive Rule

Introduction of Fetal Homicide Laws

38 states

Original Purpose vs. Actual Application

Personhood movements and fetal rights

Fetus vs. Baby

Attempts to give rights to the fetus, even if they contradict the rights of the mother.

One body, two sets of rights

What does this mean for pregnant women?

Think about Tammy’s case…

Case Study: Purvi Patel

2013 Case (Indiana)

Sought medical treatment for excessive bleeding

Birthed 24 week old stillborn

Prosecuted under a 1979 law

Lung floating test

Received 20 years for feticide and child neglect (2015)

Conviction overturned July 2016

CASE STUDY: BEI BEI SHUAI

2011 Case (Indiana)

Attempted suicide by rat poison

33 weeks pregnant

Took a plea deal (misdemeanor criminal recklessness)

Sentenced to time served

CASE STUDY: WHO IS AT FAULT?

Marshae Jones

CASE STUDY: Mental health and substance use

Melissa Rowland

Utah

Regina McKnight

South Carolina

CASE STUDY: stillbirths

Brooke Skylar Richardson

Ohio

Evelyn Beatríz Hernández Cruz

El Salvador