The Wrong Tool for Protecting Women from Abortion

There is no reliable evidence that prosecuting women would lead to the elimination of abortion.

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A woman participates in the annual March for Life in Washington, D.C., January 19, 2024.

Evelyn Hockstein/Reuters

Proposals to prosecute women for abortion are a fringe notion that is rejected by the law in virtually every state. A West Virginia statute is typical: “This section shall not be construed to subject any pregnant female upon whom an abortion is performed or induced, or attempted to be performed or induced, to a criminal penalty for any violation of this section as a principal, accessory, accomplice, conspirator, or aider and abettor.” (W. Va. Code Ann. Sec. 61-2-8(c)).

Nevertheless, legislative bills have been introduced in several states in recent years to penalize women for abortions. Last spring, Stateline cited eight states in which bills were introduced in 2025 to prosecute women for abortion.

Clarke D. Forsythe

About the Author

Clarke D. Forsythe

Clarke D. Forsythe is senior counsel at Americans United for Life. He is the author of Abuse of Discretion: The Inside Story of Roe v. Wade and, with Alexandra DeSanctis Marr, Pushing Roe v. Wade over the Brink.

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