Introduction

In 1532, the Constitutio Criminalis Carolina, the newly issued law code of the Holy Roman Empire, declared infanticide and abortion to be capital crimes. Women convicted of infanticide were to face “burial and impalement,” or “drowning preceded by tearing with burning pincers,” both decidedly harsh and terrifying punishments. The Carolina made clear what sort of women committed abortion or infanticide: unwed mothers who had hidden their pregnancies in order to selfishly cover up their own sinful behavior and who aimed to further deceive society by disposing of their unborn or newly born children, avoiding the just repercussions of their wanton ways. The words of the imperial law code indicate a crime that was perceived by many to be a growing problem and one that was particularly indicative of a moral crisis. Indeed, over and over again, young, poor, unmarried women who faced social stigma, loss of home and job, and even criminal charges if found pregnant out of wedlock did in fact turn to infanticide or abortion as their only options for survival.