A Montana woman has been charged with child endangerment despite not having any children.
21-year old Casey Gloria Allen, who is 12 weeks pregnant, tested positive for illegal drugs and was charged under the fetal harm laws on the books in Montana. Though still in her first trimester Allen is facing felony charges, in spite of the fact that it would be legal for her to have an abortion at this stage in the pregnancy.
The science behind how exactly drug use affects child development is still inconclusive, with recent studies on so-called ‘crack babies’ finding very little evidence of lasting harm when compared to similar children not exposed in utero.
Currently 36 states have fetal rights laws. The original intent of this type of legislation is normally to allow for enhanced charges to be brought in cases of physical crimes against pregnant women, such as assaults which lead to miscarriage. However most are written in such a way that ends up endowing the fetus with virtually the same rights as the person carrying it.
Reproductive rights advocates view this as a backdoor method of introducing restrictions on abortion by essentially introducing the concept of fetal homicide. Women who engage in any behaviors deemed risky by the state, or who suffer a natural miscarriage or stillbirth, risk facing legal fallout.