No one should be punished for providing their own health care. however, the recent scotus ruling has struck down federal protections on abortion, leaving control to individual states.
and since 2000, at least 60 people who have self-managed an abortion or helped another person are known to have been arrested or prosecuted. those who are already at higher risk of criminalization due to their race, gender identity, economic status, or other factors may be at higher risk of prosecution. people who live in very conservative states also face a higher risk of prosecution. some states even have laws that make self-managing an abortion illegal.
plan c believes that each person should have access to information to make their own decisions about risk, including legal risk. the information below is not intended to endorse self-managed use nor is it legal advice. is what we know from the experiences of people who have self-managed their abortions.
repro legal helpline provides free and confidential legal advice that can help people better understand the laws and the legal risks they may face. contact them online or call 844-868-2812.
why have some people gotten into legal trouble?
Self-managed abortion is not a criminal act, and the main judicial organizations consider that restricting access to abortion is a violation of human rights. However, some people who have used abortion pills on their own have gotten into legal trouble in the United States. in the last 20 years, there have been at least 24 cases in which people have been prosecuted for self-managing their abortions (charges have ranged from concealing a birth to murder). during that same time, research suggests that a hundred thousand (or probably more) people have self-managed their abortions.
These examples can help you understand the ways people have gotten into legal trouble in the past:
Everyone should be able to access urgent care when they are worried about their health. But, in some cases, urgent care staff have called the police on people who have taken abortion pills they bought online. this is unethical and should not happen. people who self-manage their abortions do not need to tell doctors that they have used abortion pills they bought online. no one can tell that you have used the drugs, even if a blood test is done. the symptoms after taking abortion pills are the same as those of a miscarriage. Because medical treatment for an abortion with pills is no different than medical treatment for a miscarriage, medical providers can treat you safely and effectively without knowing your entire medical history.
People have sometimes been reported to the police for the way they disposed of miscarriage tissue. most tissue from early abortion is just blood and clots (like a heavy period) that can be flushed down the toilet. but sometimes when abortion pills are taken later in the pregnancy, there is more tissue. it can be hard to know how to get rid of it (this is also true when someone has a miscarriage). Some people have been found out when tissue has been found in the public sewer system, when they have told friends about their situation and the friends have reported them to the police, or when they have shared information with their medical provider and have been reported.
Digital communications (such as email and text messages) can be used as evidence against someone who has had an abortion on their own (without a prescription). people often use incognito mode (also called private window) when searching for sensitive information. most private browser settings/incognito window searches will not retain your cookies, browsing history, search logs, passwords or personally identifiable information. Some people protect their digital privacy by using free VPNs (virtual private networks) or using the Tor browser. vpns can be used on computers and phones. when used in combination with private windows or incognito mode, they can keep your identity and location private when you search for information and make purchases (such as buying abortion pills online), as long as you don’t log into accounts that are linked to you . People also use encrypted email (such as Proton Mail) and secure text messages (such as Signal) to keep online communications private. Some people try to keep online purchases discreet by using online currency like bitcoin, but without some extra complicated steps, those purchases can still be linked to an individual person. The Electronic Frontier Foundation has some additional tips on data privacy here.
Do you have legal questions?
Once someone has decided to have an abortion, they should be able to do so safely, effectively, and with dignity. no one should be arrested or jailed for terminating their own pregnancy. But, if someone who chooses to use abortion pills outside of the established medical system gets into trouble, it’s important to get legal help. Organizations that can help people get legal help include:
- repro’s Legal Helpline provides free and confidential legal support online or by calling 844-868-2812. they also defend people who are prosecuted or threatened with prosecution for self-managing their abortion. this fact sheet also has excellent information on legal issues.
- national advocates for pregnant women: napw advocates for women who are pregnant and attempting an abortion, actually have an abortion, or are mistaken for someone who has had an abortion.
remember:
- In the last 20 years, at least 60 people have been arrested and prosecuted for self-managing their abortion or helping another person.
- Those who choose to use abortion pills on their own, they do not have to tell anyone that they took abortion pills (and doing so may increase the risk of prosecution).
- there is no way for a medical provider to know if someone took abortion pills. bleeding resembles miscarriage.
- medical providers can provide appropriate follow-up care for bleeding and pain without knowing if someone has taken abortion pills.
- some people use vpn and other technologies. to protect your privacy.
- Legal assistance is available for those who need it.