Pregnancy Criminalization, Reproductive Asymmetry, and Race: An Experimental Study

Despite scientific evidence to the contrary, pregnancy criminalization cases are based on assumptions of reproductive asymmetry—the belief that women are exclusively responsible for fetal health. In this article, we test the impact of disrupting this assumption. In Study 1, when asked to read a case involving charges of chemical endangerment, participants exposed to testimony about the effects of paternal drug use on pregnancy outcomes viewed both Black and White defendants as less culpable than participants in the control group. In Study 2, a homicide case, information about male-mediated harm reduced perceptions of culpability for White, but not Black, defendants