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El Salvador: Where women may be jailed for miscarrying
El Salvador has one of the toughest anti-abortion laws in the world. A side-effect is that women who suffer miscarriages are sometimes suspected of inducing an abortion - and can even be jailed for murder.
Glenda Xiomara Cruz was crippled by abdominal pain and heavy bleeding in the early hours of 30 October 2012. The 19-year-old from Puerto El Triunfo, eastern El Salvador, went to the nearest public hospital where doctors said she had lost her baby.
It was the first she knew about the pregnancy as her menstrual cycle was unbroken, her weight practically unchanged, and a pregnancy test in May 2012 had been negative.
Four days later she was charged with aggravated murder - intentionally murdering the 38-to-42 week foetus - at a court hearing she was too sick to attend. The hospital had reported her to the police for a suspected abortion.
After two emergency operations and three weeks in hospital she was moved to Ilopango women's prison on the outskirts of the capital San Salvador. Then last month she was sentenced to 10 years in jail, the judge ruling that she should have saved the baby's life.
bbc
El Salvador is one of five countries with a total ban on abortion, along with Nicaragua, Chile, Honduras and Dominican Republic. Since 1998, the law has allowed no exceptions - even if a woman is raped, her life is at risk or the foetus is severely deformed.
More than 200 women were reported to the police between 2000 and 2011, of whom 129 were prosecuted and 49 convicted - 26 for murder (with sentences of 12 to 35 years) and 23 for abortion, according to research by Citizens' Group for the Decriminalization of Abortion. Seven more have been convicted since 2012.
daryllyn
reply to post by benrl
Standard is forty weeks but sometimes women can go as long as 42, which could be a miscalculation of their due date.
And I can't imagine not knowing for that long..
She's not alone though. There are stories like her's all the time. There's even a show called "I didn't know I was pregnant". Some of the women had pictures from a short time before delivery and it wasn't at all obvious. I do think many were in denial though.
Either way, no woman should be punished for (the average, IE not caused by heavy illicit drug use or intentional means) miscarrying a pregnancy.
Grimpachi
reply to post by benrl
You should read the linked article. There is a whole lot more to the stories but I have to stay within T&C and keep the OPs short. Maybe my last long thread was clipped and I got an infraction more because it wasn't kind to the tea party than actually quoting to much.
Anyway she didn't gain weight nor did her cycle change so she didn't even know she was pregnant.
Munoz has worked with 29 of the incarcerated women, helping secure the early release of eight. "Only one intentionally induced an abortion, the other 28 suffered natural obstetric complications but were jailed for murder without any direct evidence," he says.
Last year when Maria Teresa Rivera suffered a miscarriage, she was sentenced to 40 years in jail for aggravated murder.
Like Xiomara, Teresa, 28, had no pregnancy symptoms before sudden severe pain and bleeding, and was reported to police by the public hospital where she had sought emergency help.
The scientific evidence was flimsy, according to Munoz who will soon lodge an appeal, and the prosecution relied heavily on a colleague of hers, who testified that Rivera had said she "might be" pregnant a full 11 months before the miscarriage.
benrl
Grimpachi
reply to post by benrl
You should read the linked article. There is a whole lot more to the stories but I have to stay within T&C and keep the OPs short. Maybe my last long thread was clipped and I got an infraction more because it wasn't kind to the tea party than actually quoting to much.
Anyway she didn't gain weight nor did her cycle change so she didn't even know she was pregnant.
And all I am saying that very well might be what someone Would say when their 8.5-9 month pregnancy aborts and shes faced with charges.
Hell thats probably the smart stance to take in a country with those laws , But we know from US statistics that unwanted pregnancy on average get far less prenatal care, if any at all.
Most when they find out don't go to doctors, which this case would fit that pattern.
It would seem that it is plausible that could of been the case, so with out knowing how slanted the legal system is we can't know the extent of the problem there based on this case.
Xiomara's father describes the conviction as a "terrible injustice".
He testified in court that his daughter had endured years of domestic violence at the hands of her partner. And yet the prosecution - which sought a 50-year jail term - relied heavily on this man's allegation that she had intentionally killed the foetus.
Xiomara has not seen her four-year-old daughter since the miscarriage.
On March 14, 2009, 31 weeks into her pregnancy, Nina Buckhalter gave birth to a stillborn baby girl. She named the child Hayley Jade. Two months later, a grand jury in Lamar County, Mississippi, indicted Buckhalter for manslaughter, claiming that the then-29-year-old woman "did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence."
daryllyn
This is horrible. I've had two miscarriages and even though they usually can't tell you why it happened, many women carry a huge amount of guilt wondering if they've done something wrong, or if they could have done something different. I know I did.
Then to jail them on top of their loss and their guilt? That's horrible.
Something like 20% of known pregnancies ends in miscarriage, and with the amount of unknown pregnancies (not knowing and miscarrying) that figure is even higher.
These lawmakers should be ashamed of themselves.