Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity

Summary

A woman miscarries and is charged with murder. A new mother tests positive for a drug her hospital administers and loses custody of her newborn. Four women are convicted of horrific crimes against children they never touched, based on junk science and homophobia and spend nearly twenty years in prison before being exonerated. A queer teenager takes a photo of a child’s diaper rash at work and is sentenced to 126 years. These cases are not aberrations. They are symptoms of a system that punishes women and queer people not for what they have done, but for who they are. In the United States, nearly three-quarters of all wrongly convicted women were convicted of crimes that never occurred at all.

Valena Beety, co-founder of the Indiana Innocence Project and award-winning legal scholar cited by Justice Sonia Sotomayor, reveals how ordinary tragedies—a child’s sudden death, a husband who dies in his sleep—are transformed by prosecutors into murders that never happened. These “no crime” convictions disproportionately target women and queer people, whose identities are recast as evidence of guilt through bias, junk science, and entrenched stereotypes. Drawing on devastating real-life cases, Professor Beety exposes how prosecutorial overreach, flawed forensic science, and cultural panic converge—and how fetal personhood laws, the fall of Roe v. Wade, and anti-LGBTQ+ legislation have dramatically expanded the reach of criminal law. What emerges is a chilling portrait of a legal system that increasingly criminalizes pregnancy outcomes, motherhood, and queer identity itself.

Guest: A wrongful convictions litigator and former federal prosecutor, Valena Beety is the McKinney Professor of Law at Indiana University-Bloomington Maurer School of Law and a co-founder of the Indiana Innocence Project. Her coursebook The Wrongful Convictions Reader is used in classrooms nationwide to teach about wrongful convictions.

Host: Dr. Christina Gessler is an academic writing coach and editor. She uses her Ph.D. in history to explore which stories we tell, and what happens to those we never tell. She is the creator, producer and show host of the Academic Life podcast.

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Christina Gessler

Dr. Christina Gessler holds a Ph.D. in history, which she uses to explore what stories we tell and what happens to those we never tell. She is the creator and executive producer of the Academic Life podcast, and writes the show's newsletter ChristinaGessler.Substack.Com featuring curated playlists and writing advice. She is a writing coach and developmental editor for academics.
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