A 35-year-old Kentucky woman has been charged with first-degree foetal homicide and abuse of a corpse. The charges also included tampering with evidence after she allegedly induced her own abortion at home using abortion pills. The case has brought forward the legal difficulties around abortions in the United States with a near-complete abortion ban. The accused has been identified as Melinda S. Spencer, of Wolfe County. She was arrested after staff at a local clinic reported that she had disclosed ending her pregnancy outside a medical setting.
According to Kentucky State Police, clinic employees contacted authorities after Spencer revealed that she had ordered abortion medication online and used it to end her pregnancy. Police alleged that the medication resulted in the death of a “developed” foetus and that she buried the body in her backyard, the body was found wrapped in christmas paper.
Kentucky has put a near-total ban on abortion since 2022, following the U.S. Supreme Court’s decision overturning Roe v. Wade. Under current state law, abortion is permitted only to prevent the mother’s death or serious injury, and there are no exceptions for rape or incest. As a result of this legality, state prosecutors have charged Spencer with foetal homicide, which is a capital offence that can carry the death penalty or life imprisonment if she is convicted.
Reproductive rights question rise again
According to reports, police initially interviewed Spencer at the clinic after the report, and she admitted she had obtained and taken the abortion medication. Following this, officers obtained a search warrant and found the body buried in the backyard.
The case has sparked a debate about reproductive rights. Angela Cooper, a spokesperson for the Kentucky ACLU, criticised the arrest, saying, “Pregnancy is an incredibly complicated state of being. It is impossible to apply blanket laws, blanket bans without putting people in danger.”
Meanwhile, Addia Wuchner, executive director of Kentucky Right to Life, described the situation as a tragedy but defended the state’s legal stance, stating that “a child has lost their life and abortion only camouflages it.” She argued that the abortion ban aligns with the values of lawmakers and their constituents.
Spencer is currently held at Three Forks Regional Jail in Beattyville. Police say the investigation is ongoing, and authorities have not yet said how far along the pregnancy she was at the time of taking the medication.
