April 21 2011
Stories: Policing Pregnancy
Utah prosecutors and conservative politicians are determined to lock up the young woman known in court filings as J.M.S. for the crime of trying to end her pregnancy. Her grim journey through the legal system began in 2009, when she was 17 and pregnant by a convicted felon named Brandon Gale, who is currently facing charges of using her and another underage girl to make pornography. J.M.S. lived in a house without electricity or running water in a remote part of Utah. Even if she could have obtained the required parental consent and scraped together money for an abortion and a couple of nights in a hotel to comply with Utah’s twenty-four-hour waiting period, simply getting to the nearest clinic posed an enormous challenge. Salt Lake City is more than a three-hour drive from her town, twice that in bad weather, when snow makes the mountain passes treacherous. There is no public transportation, and she didn’t have a driver’s license.
And so, according to prosecutors, in May 2009, in her third trimester and desperate, J.M.S. paid a stranger $150 to beat her in the hope of inducing a miscarriage. The assault failed to end her pregnancy, but that didn’t stop police from charging her with criminal solicitation of murder. The juvenile court judge who heard her case, however, tossed it out on the grounds that her actions were legal under the state’s definition of abortion.
Local abortion opponents were outraged that J.M.S. had been freed. “It revealed an extreme weakness in the law, that a pregnant woman could do anything she wanted to do—it did not matter how grotesque or brutal—all the way up until the date of birth to kill her unborn child,” said Carl Wimmer, a state representative. He led a successful more...