Charges Have Been Dropped Against A Woman In Alabama Who Was Indicted With Manslaughter For Her Own Miscarriage

The events of last week left us wondering what kind of a world we live in when miscarriage carries a manslaughter charge...

Alabama

by Sofia Tindall |
Published on

A woman who was charged with manslaughter in Alabama after miscarrying when she was shot in the stomach will not be prosecuted, it was announced on Wednesday by the Alabama district Attorney.

With everything feeling fairly medieval when it comes to women's rights in America at the moment, news of Marshae Jones prosecution delivered another blow when it was announced on Thursday last week: attracting mass attention nationally and online. However Jefferson County District Attorney Lynneice Washington said in a press conference 'After viewing the facts of this case and the applicable state law I have determined that it is not in the best interest of justice to pursue prosecution of Ms. Jones on the manslaughter charge for which she was indicted by the grand jury, therefore, I am dismissing this case and no further legal action will be taken against Ms. Jones in this matter.'

So what happened in this - fairly extraordinary and troubling - case? The jury determined that Jones, 27, had endangered the life of her unborn baby by initiating a fight with Ebony Jemison, 23, who it was said had fired the gunshot in self-defence. Through some particularly concerning legal gymnastics (seriously, it must have taken hard work to reach this conclusion) the court found Jones to be responsible for the death of her baby because she 'initiated and continued the fight which resulted in the death'. Leiutenant Danny Reid said 'The investigation showed the only true victim in this was the unborn baby.'

Yes, just to confirm, this court blamed a woman for miscarrying after being literally shot in the stomach, claiming that she should be held responsible for the whole ordeal. What's next? Being responsible for being hit be a car while crossing the road? The logic of the Alabama legal powers, or lack thereof, left everyone who scrolled through the news last Thursday feeling completely baffled.

Though perhaps it's not surprising in the light of the fact that Alabama is one of the states to have now signed the 'heartbeat' bill, effectively giving an unborn foetus more rights than the mother. The bill curtails the timeframe in which a woman can legally seek abortion to just six weeks. Having an abortion after this timeframe can carry the same sentence as first degree murder, while women deemed to have caused their miscarriage through 'irresponsible behaviour' (as has determined to be the case in this instance) can face second degree murder or manslaughter charges.

The heartbeat bill isn't just an inert piece of legislation,it's been decried as one of the worst attacks on women's rights in recent history – and with good reason. What it says about the attitude of states which have passed it is that each has a similar level of disregard for women's autonomy over their own bodies. It is an attempt to control and restrict women's rights, and it really makes for a terrifying reality.

While it's a relief to see this unjust persecution dropped in this instance, who knows what the rest of 2019 will bring for women living in the states where having a miscarriage can now make you a murderer in the eyes of the law?

Gallery

9 Potential Realities Of Americau2019s "Abortion Ban" Laws That Will Horrify You

Multiple states in America are signing bills to render abortion illegal at six weeks1 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Multiple states in America are signing bills to render abortion illegal at six weeks2 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Governor Kay Ivey signed into a law, a controversial abortion bill that could punish doctors who perform abortions with life in prison. Under the bill, doctors could face 10 years in prison for even attempting to terminate a pregnancy.

Multiple states in America are signing bills to render abortion illegal at six weeks3 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Doctors in the same state who go ahead and complete the termination of a pregnancy, could be facing a life sentence. The act is legislated as a "Class A Felony" – others in the same category include first-degree murder, first-degree kidnapping and first-degree rape. For context, second degree rape – having sex with a minor or with someone who is incapable of consent due to mental disability or incapacity is a much lesser sentence of no more than 20 years in prison. Sexual abuse and incest is punishable by up to ten years in prison.

Multiple states in America are signing bills to render abortion illegal at six weeks4 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

This is often a point at which a woman will not yet realise she is pregnant – especially if she has an irregular cycle or has taken the contraceptive or morning after pill and attributes a missed period to that. The number of weeks a woman is pregnant is calculated from the first day of her last period – though, conception usually takes place around two weeks after that when an egg is released. So for the first two weeks of pregnancy we're not really pregnant at all. Week five is the time that a woman will likely realise her period is late and, consequently, that she is pregnant. This leaves one week, if she is lucky, to procure an abortion.

Multiple states in America are signing bills to render abortion illegal at six weeks5 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

The law in Georgia goes one step further than some of the other states that have imposed a six-week time limit on abortions, and considers fetus to be a "natural person", requiring full legal recognition, from the point of conception. Although the intention of the law as it is written, may not to be to punish women who are pregnant, as a worst-case scenario, women could find themselves criminally liable for carrying out their own abortion. Many have pointed out that further difficulties may arise when ascertaining whether a person has miscarried or aborted a pregnancy – sometimes the same drugs used to perform a termination are used during miscarriage to help the process. Laws similar to this have, in the past, led to gravely unjust and horrifying consequences for women. For instance in El Salvador, a country that still bans abortion outright, where women have been wrongly jailed after suffering miscarriages. Three women accused of having abortions and convicted of aggravated homicide were freed just this year, in March, after having served up to 11 years in prison.

Multiple states in America are signing bills to render abortion illegal at six weeks6 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Again, this may not be the primary intention of the law, but legal journalist Mark Joseph Stern writes for Slate that, 'A woman who miscarries because of her own conduct – say using drugs while pregnant – would be liable for second degree murder, punishable by 10-30 years imprisonment.'

Multiple states in America are signing bills to render abortion illegal at six weeks7 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Again, this is because lawmakers have voted to give foetuses 'full legal recognition' under Georgia law – making the abortion illegal even if it takes place out of state.

Multiple states in America are signing bills to render abortion illegal at six weeks8 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

This could even be true of someone who simply drives another person to a clinic to procure a termination.

Multiple states in America are signing bills to render abortion illegal at six weeks9 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

There are also currently three abortion clinics in Alabama. In the 1990s there were more than 20.

Multiple states in America are signing bills to render abortion illegal at six weeks10 of 10

Multiple states in America are signing bills to render abortion illegal at six weeks

Louisiana looks set to follow suit with a similar bill.

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