Awoman in Kentucky has been arrested and charged with fetal homicide after she allegedly took the abortion pill at home and buried the baby in the yard.

Key Takeaways:

• A Kentucky woman was arrested and charged with fetal homicide, abuse of a corpse, and tampering with evidence.

• She is alleged to have taken abortion drugs at home and buried her baby in the yard.

• She then went to a healthcare clinic where she told staff members she had taken the abortion drugs at home after ordering them through the mail.

• Police described her baby as a “developed male infant.”

The Details:

Melinda Spencer, 35, is facing criminal charges for allegedly taking abortion pills at home and then burying her baby in the yard. She is charged with fetal homicide, abuse of a corpse, and tampering with evidence. According to reports, Kentucky State Police described the baby as a “developed male infant” but did not say what age he was estimated to be at the time of his birth and death.

On December 31, Spencer went to United Clinic in Compton, where she told staff members that she had aborted her baby at home. Police were called and they questioned Spencer, who told them she had ordered abortion drugs online. She then allegedly took the abortion pills at home, gave birth to her baby, and buried him in a shallow grave. It is unclear if the baby was born alive or not.

Detectives searched the property and found the baby’s remains as Spencer had described.

It is unclear why Spencer was arrested for fetal homicide. While most preborn children are protected from abortion in Kentucky, the law states that women who have abortions will not be charged for the abortion. The state’s An Act relating to abortion states:

Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

It only states that it is a criminal offense to “Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being; or

“Use or employ any instrument upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.”

In addition, the state’s fetal homicide law, which makes it a felony to kill a preborn child, is clear that the preborn child’s death is not feticide if it is carried out by “a health care provider… [d]uring an abortion.” Enacted on July 1, 2006, it also states that the mother cannot be charged:

Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.

Kentucky law is clear that women who undergo abortions, even abortions considered to be illegal, will not be prosecuted for their abortion. The fetal homicide charge against Spencer could potentially be dropped for this reason.

Why it Matters:

Research shows that up to 64% of women who have had abortions, did so under pressure. In addition, a report by the American Psychological Task Force on Abortion and Mental Health revealed that being pressured into an abortion is a significant risk factor for negative post-abortion psychological reactions.

When the Biden administration lifted the safety rule that required the abortion pill to be dispensed in person, it invited incidents such as this one to occur. Without that medical visit, there is no way to know how far along the woman is, if she has any medical contraindications to the abortion drugs, whether she is taking the drugs of her own free will, or whether the person ordering the abortion pills is intending to use them on a woman against her will.

The abortion pill mifepristone is approved for use with misoprostol through 10 weeks of pregnancy. It appears that Spencer was further along than 10 weeks, as police described her son as a “developed male infant.” The abortion pill has a high failure rate, and the further along in the pregnancy, the higher the failure rate. Babies have been born alive after their mother takes the abortion pill, adding a significant layer of trauma to the mother’s experience.