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Advocacy groups are voicing their support for a woman in Oklahoma who was convicted of manslaughter and sentenced to prison after experiencing a miscarriage while using methamphetamine. This case highlights a troubling trend concerning women’s rights that extends beyond the headlines coming from states like Texas.
Brittney Harper’s Case
Brittney Harper, a 21-year-old from Lawton, Oklahoma, received a four-year prison sentence after being found guilty of first-degree manslaughter. Autopsy results indicated that while meth was present in the fetus’s system, it was not determined to be the cause of the miscarriage. The autopsy revealed alternative factors, such as a congenital abnormality and placental abruption, which could have led to the miscarriage, suggesting that it might have occurred regardless of drug use. Nevertheless, the court chose to hold Harper accountable, claiming her actions resulted in the death of the fetus.
The medical examiner noted that the fetus was only 15 to 17 weeks old, meaning it was not viable outside the womb. Lynn Paltrow, executive director of the National Advocates for Pregnant Women, stated, “This prosecution was initiated against someone who suffered a pregnancy loss before the fetus was viable. The medical report does not even assert that methamphetamine caused the miscarriage.”
Legal Implications and Trends
Neither the Comanche County District Attorney nor Harper’s court-appointed attorney has publicly addressed the case. Unfortunately, Harper’s situation is not an isolated one. In Oklahoma, courts have ruled that embryos and fetuses can be treated as “children” under child neglect laws, primarily targeting pregnant women who use substances. This issue is not confined to Oklahoma; research shows a rising trend of similar prosecutions across the United States.
A study from the National Advocates for Pregnant Women revealed that from 1973 to 2005, there were 413 cases of women prosecuted for pregnancy loss. This number surged to 1,250 from 2006 to 2020, showing a threefold increase in less than half the time. Dana Sussman, deputy executive director of NAPW, remarked, “This is far more common than most people realize.”
Raising Awareness
As this alarming trend continues, it is vital to raise awareness and advocate for the rights of women facing similar circumstances.
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Summary
An Oklahoma woman, Brittney Harper, has been sentenced to four years in prison for manslaughter after a miscarriage that was not caused by the methamphetamine found in the fetus. This case has raised significant concerns about the legal treatment of women who experience pregnancy loss, particularly in relation to drug use. Advocacy groups highlight the troubling rise in prosecutions against women in similar situations.