A decision to convict a woman of manslaughter after she suffered a miscarriage while taking methamphetamine has sparked outrage among reproductive rights groups.
Brittney Poolaw from Oklahoma was found guilty of first-degree manslaughter on October 6, with her attorney filing a notice of intent to appeal on October 15, CBS News reports.
Following an autopsy of the fetus, methamphetamine was found in its brain and liver, however, this was not determined to be the cause of death.
Lynn Paltrow, executive director of the National Advocates for Pregnant Women, stated that the cause of death may have been a congenital abnormality and placental abruption.
Prosecutors argued that the defendant's use of the drug falls under Oklahoma's manslaughter statute.
In response to the prosecution team's argument, National Advocates for Pregnant Women (NAPW) released the following statement:
"Oklahoma's murder and manslaughter laws do not apply to miscarriages, which are pregnancy losses that occur before 20 weeks, a point in pregnancy before a fetus is viable (able to survive outside of the womb).
"And, even when applied to later losses, Oklahoma law prohibits prosecution of the 'mother of the unborn child' unless she committed 'a crime that caused the death of the unborn child.'"
According to USA TODAY, Poolaw sought medical attention when she lost her baby between 15 and 17 weeks of pregnancy.
As per the American College of Obstetricians and Gynecologists, a fetus usually cannot survive outside of the womb prior to 24 weeks of gestation.
For those women who are able to get pregnant under the age of 35, there's a 15% chance of miscarrying, according to stats cited by CBS News.
Tyler Box, a partner at the Overman Legal Group in Oklahoma City unaffiliated with the case, said, per USA TODAY:
"Here, Assistant District Attorney Galbraith believed that but for Ms. Poolaw's methamphetamine consumption this unborn fetus would have been carried to term.
"The issue that jumps out to me initially is how the state was able to prove that it was in fact the meth usage that was the proximate cause of the death.
"In Oklahoma, there isn't a law that makes it illegal to consume banned substances, which may assist Poolaw's appeal chances."
The NAPW argued: "Ms. Poolaw's case is a tragedy. She has suffered the trauma of pregnancy loss, has been jailed for a year and a half during a pandemic, and was charged and convicted of a crime without basis in law or science."