Statement in Support of California AG’s Statewide Alert Regarding Legal Protections for Pregnant People

Remarks by Samantha Lee, Staff Attorney, as part of Attorney General Rob Bonta's press conference on 1/6/2022.

Thank you, Attorney General Bonta. My name is Samantha Lee and I am a staff attorney at National Advocates for Pregnant Women.

As an organization dedicated to advancing the civil and human rights of all people capable of pregnancy, National Advocates for Pregnant Women is honored to stand with Attorney General Bonta in support of this legal alert instructing district attorneys, police chiefs, and county sheriffs in California not to misuse the state’s murder statute to criminalize people for their pregnancy outcomes.

NAPW Files Amicus Brief in the Case of Adora Perez, a California Woman Serving an 11-Year Sentence for Manslaughter After Experiencing a Stillbirth

Adora Perez was charged with murder in 2018 after she delivered a stillborn baby at Adventist Hospital in Hanford, California. District Attorney Keith Fagundes claimed, without scientific basis, that the stillbirth was caused by methamphetamine use. Penal Code Section 187 punishes the “unlawful killing of a human being, or a fetus, with malice aforethought.

Arrests and Prosecutions of Pregnant Women, 1973-2020

In 2013, the Journal of Public Health Law and Policy published National Advocates for Pregnant Women (“NAPW”) peer-reviewed study documenting arrests, detentions, and equivalent deprivations of physical liberty of women between 1973 and 2005 in which being pregnant was a necessary element of the crime or a “but for” reason for the coercive or punitive action taken.

Victory in Tennessee: Prosecutor Drops All Charges Against Tiffany Roberts!

On August 1, 2019, a prosecutor in Chattanooga, TN appeared in court and dropped all charges against Tiffany Roberts.

National Advocates for Pregnant Women and a coalition of Tennessee and national advocates and experts spoke out quickly and forcefully against the arrest and charges brought against Tiffany Roberts on July 23 in Chattanooga.

Reproductive Justice and Anti Violence Statement Challenging False Claims Linking Laws Criminalizing Abortion and Related Feticide Laws with Protection of Women from Violence

Some reports following New York’s passage of the Reproductive Health Act (RHA) asserted that the RHA somehow increases the risk of gender violence. NAPW and Professor Julie Goldscheid (CUNY Law School) authored a statement challenging those claims, and other false claims linking laws criminalizing abortion and related feticide laws with protection of women from violence.

Victory in Indiana after NAPW Demands Indiana Prosecutor Drop Murder Charge Against Woman Who Had a Stillbirth at Home (August 2018)

NAPW, along with 11 other organizations and 27 individual experts, submitted an Open Letter to the Madison County, Indiana prosecutor, asking him to drop felony charges against a woman who experienced a stillbirth at home. An Indiana woman who experienced a pregnancy loss is being prosecuted for feticide and involuntary manslaughter, based on her alleged drug use while pregnant.