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Prosecution of Pregnant Woman Print E-mail
2008 Legal Program - Reproductive Freedom

Resolved without litigation

We received notice early in 2006 that a woman might face prosecution in Kentucky for fetal homicide.  The woman, who had a history of drug abuse (and efforts at recovery), discovered that she was pregnant.  When her baby was stillborn, prosecutors considered criminal prosecution.  The ACLU of Kentucky, along with the national ACLU’s Reproductive Freedom Project, convinced prosecutors that current Kentucky law does not support such a prosecution.  The ACLU argues that it is counterproductive to punish drug addicts who become pregnant, because their continued substance abuse during pregnancy is a public health issue, not a criminal justice one.  Although the prosecutor agreed not to prosecute this woman, similar prosecutions are on the rise nationally and we are likely to face the issue again in Kentucky.
 
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