Woman Imprisoned for Two Years Over Stillbirth

Evelyn Hernández, a rape survivor, gave birth to a stillborn. She was accused of inducing an abortion and spent 33 months in a prison in El Salvador.

The retrial was a first for such a case in the Central American nation

Evelyn Hernández was accused of murder in El Salvador after giving birth to a stillborn baby. After spending 2 years in jail, she has been freed. Evelyn’s state of mind or her intentions to end the life of the newborn child. Hernández’s case is one of the most well-known in El Salvador, where abortion is completely illegal. The prosecution since April 2016 has been accusing her of aggravated homicide. The truth is that deliveries in toilets are actually quite common, especially in rural areas, among poorer women with a fairly low level of education. And yes, the prosecution will always categorize it as aggravated homicide. In 2017, at 19 years old, Hernández was sentenced to 30 years in prison.

“I genuinely didn’t know that I was pregnant. If I had, I would have been waiting for it with pride and joy…This… I was raped. The penalty for abortion in El Salvador can go up to 50 years. In this country, where abortion is entirely criminalized, it’s very difficult to accept these cases. Almost everybody is against it. People want women to be condemned without first understanding the case. And I believe that if women’s organizations didn’t play such an outspoken role, as well as media coverage, in particular international media, we wouldn’t be able to achieve freedom for these women. I believe we are already beginning to break barriers with this taboo subject, as something no one wanted to talk about or take a position on before.” “Here, no-one gives up, no-one gives in! “Go feminism, we will succeed!!” I can’t thank you enough because you have always been here. Thank you! “Yes, we did it! Yes, we did it!”

Hernandez's case was seen as a test for women's reproductive rights under new President Nayib Bukele, who has said he believes abortion is acceptable only when the mother's life is at risk but that he opposes criminalizing women who have miscarriages.


08/23/2019 9:02 PMupdated: 08/23/2019 9:33 PM
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  • Lauren P.
    a day

    I don’t believe her why wouldn’t u tell someone that you had a stillborn baby you just left it at home ? Tf what tf were u gonna do when u went home if no notices that u just gave birth . Bury it in the yard something stupid I’m sure u can’t just wait to call somebody and arrange for somebody to come pick him or her up . Could’ve simply said I had a stillborn baby call an ambulance or SOMETHING either way weather she killed it or not she didn’t do that baby justice at all . I really hope she at least took the baby out the toilet 😭😭😭

  • Monique M.
    2 days

    I hate that we live in a world we PPL that dont know u want so much control over your body my choice!!

  • Brian J.
    3 days

    Dogs are treated better than rape victims. Let that sink in.

  • Amanda E.
    3 days

    When the stillborn baby gets more publicity Than the rape itself. Can we move to stop men from raping more radically than moving to stop women from having abortions?

  • Kelli P.
    4 days

    so you mean having a miscarriage results in prison time? seriously? that's so messed up

  • Gaby T.
    5 days

    She got raped, got PTSD then killed baby, who can blame her?

  • Samantha R.
    6 days

    The overwhelming stupidity on this thread is unreal. Wish people would read the article. BABY DIED IN WOMB.

  • Jennifer S.
    12/04/2019 22:03

    Omg that’s murder for killing baby

  • Brook M.
    12/04/2019 20:05

    I can't even imagine feeling to raw, horrific pain and sadness of giving birth to a stillborn only to be called a murderer because of it. Just a shame that ontop of trying to cope with loss, she had to be put in jail, and called a child murderer.

  • Jenn M.
    12/04/2019 18:25

    Aspiration pneumonia is a lung infection that develops after you aspirate (inhale) food, liquid, or vomit into your lungs. You can also aspirate food or liquid from your stomach that backs up into your esophagus... doesn’t that mean that the baby was born alive but breathed in something to cause it to die(maybe toilet water)??? How can it be stillborn? Even if she didn’t know she was pregnant she gave birth and saw a baby in the toilet why did she go to the hospital without the baby? I’m confused.

  • Kali D.
    11/28/2019 14:09

    And they want to end abortion in the USA so this crap can happen I think not.

  • Chey W.
    11/26/2019 15:11


  • Myleen S.
    11/24/2019 02:40

    People are dumb how are you going to put someone in jail for having a stillborn

  • Josie M.
    11/23/2019 19:55

    All these pro life rape apologist got me wanting the world to end 🤮 y’all are nasty for saying she should be in jail. She should’ve been sent to the hospital and taken care of so she wouldn’t have had to carry her rapist baby.

  • Jovan M.
    11/20/2019 11:58

    I’m glad she can get on with her life . This is an unfortunate situation for many it seems like the world cares more about rapist than victims .

  • Cassie H.
    11/19/2019 03:43

    Good and screw everyone condeming her. On purpose or not she had a right to not want a baby by her rapist.

  • Gus M.
    11/19/2019 01:02

    If she purposely terminated the pregnancy LOCK HER UP. Just cause theres a life inside you doesn't mean its yours to end.

  • Leesa M.
    11/06/2019 22:53

    Damm she went through hell

  • Mario B.
    11/06/2019 15:27

    El Salvador or Alabama

  • Mariela R.
    11/04/2019 20:25