Cameron Miranda
Pregnancy-associated femicide is a form of gender-based violence involving the murder of a woman during pregnancy and up to a year after childbirth. Pregnancy-associated femicide is the leading cause of death for pregnant and postpartum women, with intimate partner violence (IPV) preceding the majority of cases. Globally, male intimate partners are the primary perpetrators of pregnancy-associated femicide, with Black and Hispanic women being the majority of victims. In the United States, 38 states have laws with harsher penalties if a woman is murdered while pregnant, recognizing the fetus as a legal crime victim. The Unborn Victims of Violence Act of 2004, also known as Laci and Conner's Law, is an example of such legislation, allowing criminals who attack a pregnant woman to be charged with murder or manslaughter for the death of the unborn child. The act of killing a pregnant woman is often considered a double homicide due to the assumption that the woman intended to keep the baby, and the murderer took away her choice in a direct way. However, critics argue that it is challenging to convict someone of double murder when only one person, the pregnant woman, has been killed, especially in the context of abortion being legal.
| Characteristics | Values |
|---|---|
| Name of the law | Unborn Victims of Violence Act of 2004 |
| Alternative name | Laci and Conner's Law |
| What it does | Protects unborn infants against violence and murder |
| What it doesn't do | Does not apply to abortion |
| Number of states recognizing the fetus or "unborn child" as a crime victim | 38 |
| Number of House votes in favor | 254 |
| Number of House votes against | 163 |
| Date the senate cleared the House Bill | March 25, 2004 |
| Number of Senate votes in favor | 61 |
| Number of Senate votes against | 38 |
| Date the law was signed | April 1, 2004 |
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What You'll Learn
The Unborn Victims of Violence Act, 2004
The Unborn Victims of Violence Act of 2004 (Public Law 108-212) is a United States law that recognizes a "child in utero" as a legal victim if they are injured or killed during the commission of any of the over 60 listed federal crimes of violence. The law defines the term "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb." The law is codified in two sections of the United States Code: Title 18, Chapter 1 (Crimes), §1841 (18 USC 1841) and Title 10, Chapter 22 (Uniform Code of Military Justice) §919a (Article 119a).
The Unborn Victims of Violence Act was first introduced in Congress in 1999 by then-Congressman (later Senator) Lindsey Graham (R-SC). It passed the House of Representatives in 1999 and 2001 but did not pass the Senate. In 2003, the bill was reintroduced in the House as H.R. 1997 by Rep. Melissa Hart of Pennsylvania. The legislation contained the alternate title of "Laci and Conner's Law" after the California mother (Laci Peterson) and fetus (Conner Peterson), whose deaths were widely publicized during the later stages of the congressional debate on the bill in 2003 and 2004. Laci's husband, Scott Peterson, was convicted of double homicide under California's fetal homicide law.
The Act was strongly opposed by most abortion-rights organizations, as they argued that according to the U.S. Supreme Court's Roe v. Wade decision, the human fetus is not a "person" under the Fourteenth Amendment to the U.S. Constitution. If the fetus were considered a person under the Fourteenth Amendment, it would have a constitutional right to life. However, the laws of 38 states recognize the human fetus as the legal victim of homicide and often other violent crimes during the entire period of prenatal development (27 states) or during part of the prenatal period (9 states).
The operative portion of the law, now codified as Title 18, Section 1841 of the United States Code, states: "Anyone who participates in activity that violates any of the provisions of law and causes the death or bodily harm as defined in section 1365 of a child who is in utero at the time the conduct occurs is guilty of a separate crime under this section." The Act provides that any individual responsible for the death or harm of a child in utero is charged separately from the offense towards the pregnant woman.
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Pregnancy-associated femicide
In the United States, femicide is the leading cause of death for pregnant and postpartum women, with a 35% greater risk compared to non-pregnant women. As of 2020, the pregnancy-associated femicide ratio was 5.23 femicides per 100,000 live births, a 32.4% increase from the previous year. Firearms were responsible for 81% of incidents, followed by assault with sharp objects and strangulation. Black women are disproportionately affected by pregnancy-associated femicide, accounting for 55% of cases, while White women accounted for 30.1%.
The risk of femicide is tripled for women experiencing IPV during pregnancy. Pregnancy can increase a woman's dependence on her partner, leading to greater exposure to violence. Studies have identified homicide as a significant cause of death during the pregnancy and postpartum period. However, intimate femicide studies remain limited. Researchers advocate for universal screening for IPV during prenatal and postnatal care visits, as well as standardized training for healthcare providers to identify warning signs and provide appropriate care.
The Unborn Victims of Violence Act of 2004 in the United States recognizes a fetus as a legal crime victim if "fetal injury or death occurs during the commission of a federal violent crime". This legislation has been both praised and criticized, as it grants legal personhood to fetuses in the context of criminal prosecution. However, it explicitly excludes abortion and medical treatment from prosecution. Thirty-eight states have laws with enhanced penalties if the victim is murdered while pregnant.
The legal implications of killing a pregnant woman have sparked debates about the definition of double homicide. Some argue that a fetus is not legally a person, and abortion is legal, therefore, it cannot be considered murder. The discussion revolves around when a fetus becomes a person, and how this relates to the concept of bodily autonomy. On the other hand, some individuals support the idea of double homicide charges, believing that the pregnant woman intended to keep the baby.
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Abortion and self-defence
The idea of abortion as self-defence has been promoted by philosophers and legal theorists for many years. This argument has become especially salient in the United States following the Supreme Court's opinion in Dobbs v. Jackson Women's Health Organization, which eliminated liberty and gender equality as constitutional underpinnings of the right to abortion.
The debate surrounding abortion and self-defence centres on the question of when a foetus becomes a person. Those who argue in favour of abortion as self-defence claim that a foetus is not a person, and therefore abortion does not violate its legitimate right to life. Instead, abortion merely deprives the foetus of the use of the pregnant woman's body and its life-supporting functions, to which it has no right. This argument is supported by the fact that, in most cases, a foetus is not recognised as a victim of federal crimes of violence.
However, others argue that abortion cannot be justified as self-defence because it involves the intentional killing of a human being. They claim that self-defence must be proportional and justified to be considered legitimate, and that in the case of abortion, there may be non-violent alternatives available, such as adoption. Additionally, some argue that abortion bans treat pregnant bodies differently, signalling that they belong not to the individual but to the state, which can conscript them in service of an embryo or foetus.
The legal status of abortion as self-defence varies depending on the jurisdiction. In the United States, the Unborn Victims of Violence Act of 2004 protects unborn infants against violence and murder, and any individual responsible for the death or harm of a child in utero can be charged separately from the offence towards the pregnant woman. However, this legislation explicitly excludes abortion, stating that it should not be construed to permit the prosecution of any person for conduct relating to an abortion for which the consent of the pregnant woman has been obtained.
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Sociopolitical factors and intervention
The act of killing a pregnant woman is known as pregnancy-associated femicide, a form of gender-based violence that involves the murder of a woman during pregnancy and up to a year after childbirth. Pregnancy is a significant risk factor in the likelihood of femicide, with intimate partner violence (IPV) preceding the majority of pregnancy-associated femicides. Male intimate partners are the primary perpetrators, and between one-third and two-thirds of cases are preceded by IPV. In the United States, the leading cause of death for pregnant and postpartum women is femicide, with homicide deaths among pregnant women outnumbering deaths from obstetric causes.
The sociopolitical factors contributing to pregnancy-associated femicide are complex and multifaceted. Researchers have identified several factors that increase the risk of femicide, including structural racial disparities in healthcare, limited access to safe and legal abortion, and restrictive reproductive rights legislation. Addressing these sociopolitical factors requires interventions at both the healthcare and policy levels.
Standardized documentation of incidence rates and the inclusion of pregnancy-associated femicide in maternal mortality reviews are crucial for understanding the scope of the issue and developing effective prevention strategies. Researchers recommend the universal adoption of pregnancy and history of IPV checkboxes in homicide death records to improve data accuracy and efficiency in prevention efforts.
Interventions aimed at preventing and reducing domestic violence against pregnant women are essential. While there is no clear consensus on the most effective interventions, counselling, psychological therapy, and referral to social workers, shelters, and community-based resources may help empower women and enhance their safety. Routine prenatal and postnatal care visits provide opportunities for healthcare providers to identify warning signs of IPV and offer support.
Addressing racial inequities in healthcare is also crucial. Implementing training programs for healthcare providers to address racial biases and improve cultural competency can help reduce disparities in access to prenatal and postnatal care for Black women and other marginalized communities. Additionally, the implementation and maintenance of reproductive rights are vital to reducing the risk of pregnancy-associated femicide. Restrictive abortion laws can exacerbate the risk of femicide by limiting women's agency over their reproductive choices, which often plays a role in intimate partner violence.
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Femicide perpetrators
Femicide is defined as the intentional killing of a woman or girl with a gender-related motivation. It is driven by discrimination, unequal power dynamics, gender stereotypes, and harmful social norms. Feminists Desmond Ellis and Walter Dekesedery define femicide as "the intentional killing of females by males". They argue that femicide must be intentional, which differs from Diana Russell's definition, which includes "covert femicide". Ellis and Dekesedery's definition also differs from that of South Asian feminists, who define femicide as "the intentional killing of females by men, and of females by other females in the interests of men".
Intimate partner femicide refers to the murder of a woman by her current or former intimate partner. It is the most common form of femicide, accounting for 60% of all intimate partner and family-related killings. Risk factors for intimate partner femicide include a male partner's history of childhood physical abuse, previous threats of suicide or murder, elevated alcohol or drug abuse, and attempts to control a woman's freedom. The presence of firearms within the home is also a significant factor, with one-third of all femicides involving guns.
In defense trials, male perpetrators of femicide are often seen as "being driven" to commit the crime due to a "breakdown in love attributed to the female". The defense of provocation is commonly used to reduce their prison sentences. On the other hand, women are less likely to be successful with this argument in their murder trials, and judges are statistically less likely to accept their claims of self-defense.
The issue of femicide has gained growing awareness and public outcry, but more action is needed to prevent these killings and support survivors. Initiatives focusing on primary prevention, changing social norms, and engaging communities to create zero tolerance for violence against women have proven effective in preventing femicide.
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Frequently asked questions
The Unborn Victims of Violence Act of 2004 protects unborn infants against violence and murder. It was first introduced in Congress in 1999 and passed the House of Representatives in 1999 and 2001, but not the Senate. The bill was reintroduced in 2003 and signed into law by President George W. Bush on April 1, 2004.
The purpose of the Unborn Victims of Violence Act is to protect unborn children from assault and murder and to provide legal recourse in crimes that may fatally harm a fetus but not the mother. The law amends Title 18, United States Code, to include Chapter 90A, which defines the protection of unborn children.
The Unborn Victims of Violence Act has been applied in cases where a pregnant woman and her fetus are killed. For example, in New Hampshire, a man was charged with double murder for the death of a pregnant woman and her unborn child under the state's fetal homicide law.
