Truly Outrageous

‘A [woman of color, immigrant woman, woman with a criminal record] who [was raped, had a miscarriage, self-administered an abortion] is [in jail, being kept in jail without treatment, being threatened with jailtime].’

It’s enough to make me bless the unholy alliance of Wal-Mart and the SEIU (that’s the Service Employees International Union) in their campaign for universal healthcare.

Here’s the latest in the ongoing saga of ‘Law Enforcement Supports Lack of Access for Women’s Health’, from Women’s eNews.

Legal and reproductive rights advocates are rushing to the defense of an 18-year-old Dominican immigrant living in Lawrence, Mass., who faces possible murder charges for undertaking a do-it-yourself abortion.

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As of now, the teen faces the charge of procuring an illegal miscarriage–which carries a maximum sentence of seven years–based on a relatively obscure 1840s statute. Possible homicide charges mean the teen could face an even higher maximum sentence of life in prison if she is found to have acted with malice aforethought or premeditation. The teen’s legal status hinges on the outcome of an autopsy that will determine the length of her pregnancy.

Prosecutors state that Abreu was between 23 and 25 weeks pregnant. Abortion is legal in Massachusetts up to the 24th week, nevertheless, the teen is charged with procuring a miscarriage. If in fact the autopsy indicates she was 24 weeks or more pregnant, prosecutors could decide to bring homicide charges.

Abreu will be back in court Feb. 25 for a pretrial hearing.

Yanow from the state’s abortion access project argues that the “procuring the illegal miscarriage” charge is a legal anomaly. “No other medical procedure, aside from assisted suicide, carries criminal charges,” she said.

From the Socialist Worker:

Cytotec and similar drugs are frequently used by women in Latin American countries where abortion is restricted by law. The drugs are seen as a cheap and somewhat safe alternative to expensive and dangerous back-alley procedures. In recent years, there has been a rise in reports of immigrant women in the U.S. turning to such drugs when they are unable to obtain an abortion for various reasons, including prohibitive cost or being too far along to obtain an abortion legally.

In Abreu’s case, she reportedly turned to the drugs out of worry that she and her immigrant mother could not handle “another baby to care for,” said Abreu’s cousin, speaking to the Boston Herald. According to reports, Abreu–who had had a legal abortion previously before–did not feel she could raise the money herself or ask her mother to pay, because the last abortion had cost $200.

This is a widespread problem of access. What about sending this young woman to jail will decrease the chances of this happening again?

Abreu made an initial court appearance on Jan. 24 in the Lawrence District Court on charges of unlawfully procuring a miscarriage that resulted in the death of her premature baby. She had previously admitted to taking three pills of Cytotec, the brand name for misoprostol, an anti-ulcer medicine known to induce abortion.

Abreu gave birth to a 1 and 1/4 pound baby girl named Ashley on Jan. 6 in the Lawrence General Hospital emergency room, two days after taking the medication. She left the hospital almost immediately afterward against the advice of doctors.

The infant was rushed to Tufts-New England Medical Center in Boston where she clung to life for four days before dying on Jan 10. Doctors discovered traces of Cytotec in the baby’s urine.

Under police questioning, Abreu–who speaks some English and has lived in the United States for 18 months–said the baby’s father had abandoned her and she was afraid of burdening her immigrant mother with the unwanted pregnancy.

If anyone has more information on this case/who to contact/etc, please post in comments.